DILIPKUMAR Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties. With their consent and considering the nature of controversy involved in the matter, Writ Petition is taken up for final disposal, by issuing Rule, making the same returnable forthwith.

(2.) Petitioner stagnating from 01.01.2001, received stagnation benefits and then retired on 31.03.2010. Because of communication dated 18.03.2010, issued by the State Government, Joint Director of Education (Respondent No. 2) has issued a communication dated 209.2010 to Principals of all non-government aided colleges and pointed out need for recovery of stagnation benefits. The said amount has been recovered on 06.05.2010, while releasing terminal/retiremental benefits.

(3.) Learned counsel appearing on behalf of the petitioner submits that in breach of principles of natural justice and for no apparent reason, the recovery has been ordered. He also points out that in various judgments delivered by this Court, communication dated 18.02010 and recoveries have been quashed and set aside. Division Bench at Aurangabad advised the Government to refund recovered amount to others also instead of forcing them to file petitions.