NILKANTH S/O MAHADEORAO NEWALE Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY, DEPARTMENT OF EDUCATION AND ORS.

JUDGEMENT

(1.) By filing this writ petition, the petitioner had sought the following relief :-

(2.) Though the petitioner had made the above prayers, the learned Counsel for the petitioner states that the petitioner is not pressing the other prayers made in the writ petition and the grievance of the petitioner would stand redressed, if this Court quashes the impugned order to the extent that it holds that the amount wrongfully paid to the petitioner be recovered from him. It is stated that a direction be issued against the respondents in the circumstances of the case to return the amount that was deduced from the retiral benefits of the petitioner on the ground that a higher pay scale was wrongfully paid to the petitioner since 1991.

(3.) The petitioner was appointed as an Assistant Teacher in the lower division by Zilla Parishad, Amravati on 15.11.1967. The petitioner was absorbed in Zilla Parishad, Akola in the same cadre and pay scale on 25.6.1973. On 1.1.1986, the scale of the petitioner was revised and thereafter, it was further revised on 10.3.1993, as per the recommendations of the Chatopadhhyay Pay Commission. The petitioner was promoted on the post of Junior Assistant-Deputy Education Inspector on 5.2.1991 and was given one increment and his pay was refixed. The petitioner retired from services on attaining the age of superannuation on 31.12.2004. From the pensionary benefits payable to the petitioner, the respondent - Zilla Parishad deducted certain amount on the ground that higher pay scale was wrongfully granted to the petitioner w.e.f. 5.2.1991.