LAWS(BOM)-2018-2-85

WALMIK Vs. STATE OF MAHARASHTRA

Decided On February 13, 2018
Walmik Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

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

(2.) This Petition under Article 226 of the Constitution of India, is filed with following prayers:

(3.) It is contended by the Petitioner that he had worked with Respondent No. 5 on the post of Assistant Teacher and he came to be retired due to superannuation, on 28th February, 201 At the time of preparation of pension proposal of the Petitioner, the authorities found that some amount is paid in excess to the Petitioner due to wrong pay fixation at the hands of the respondent authorities and therefore, the entry in respect of making recovery of Rs. 1,46,034/- was taken in the service book of the Petitioner. It is further contended that Respondent No. 5 thereafter issued a letter dated 23rd April, 2013 to the Accounts Officer, Aurangabad thereby stating that though the amount of recovery from the Petitioner is shown as Rs. 1,46,034/-, it should be Rs. 2,24,312/- and requested to replace the amount of recovery by Rs. 2,24,312/-.