SHRIRAM Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.

(2.) This petition is filed by Associate Professor, who retired on 31.7.2014 and against whom impugned orders dated 6.4.2015 and 8.4.2015 have been passed by respondent No. 4 - Accounts Officer, Higher Education Grants, Pune, directing the recovery of excess payments made to him while he was in service.

(3.) It is the case of petitioner that, he was appointed as Lecturer in New Arts, Commerce and Science College, Shevgaon, District Ahmednagar. He obtained Ph.D. in 1986. He has retired as Associate Professor on 31.7.2014. He had earlier filed one Writ Petition No. 2605/2007 to redetermine his pay scale as per Government Resolution of 1996, which came to be allowed by judgment and order dated 17.6.2008. Yet another Writ Petition No. 455/2013 had to be filed to step up the salary so as to bring it at par with Associate Professor, who were junior to the petitioner. Consequently, vide order dated 28.2.2014 of the High Court, he was given step up in the pay. After retirement, petitioner approached respondent No. 3 Joint Director of Higher Education, Pune for his pension. The orders came to be passed on 6.4.2015 and 8.4.2015 without giving opportunity to petitioner, directing recovery of excess payment in the course of service. Thus this petition challenging the recovery ordered by the respondents.