LALITABAI BHAGWANTRAO WALTURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. With the consent of the learned counsel for the contesting parties, heard finally.

(2.) The petitioner, who was admittedly a Class-III employee, has sought quashment of the letter dated 02.02.2016, issued by respondent no.6- Child Development Project Officer, whereby she has been called upon to refund the amount of Rs.1,19,552/-, which according to respondent no.6 has been paid to her on account of her wrong pay fixation.

(3.) The learned counsel for the petitioner submits that the petitioner was initially serving as Anganwadi Sevika and then was promoted as Supertendent. She was transfered to a naxalite area as an Assistant Teacher, where she served for more than 10 years. She retired on attaining the age of superannuatiion on 31.05.2016. He submits that as per the letter dated 02.02.2016, the amount of excess salary which was allegedly wrongly paid to her during the period of 01.01.2006 to 11.01.2010 i.e. prior to more than five years of her retirement has been claimed from her, who is a Class-III employee and particularly when she was due to retire within a one year from the date of the said letter, the recovery of the amount mentioned in the letter dated 02.02.2016 is impermissible, in view of the judgment in the case of State of Punjab Vs. Rafiq Masih, (2015) 4 SCC 334.