Shaikh Amir Shaikh Kadar v. The State Of Maharashtra Through Its Secretary And Others
Case Details
wp3320.23- -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 WRIT PETITION NO.3320 OF 2023 Shaikh Amir Shaikh Kadar VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND 920 WRIT PETITION NO.3323 OF 2023 Ananda Sitaram Nikumbhe VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3341 OF 2023 Rajendra Yuvraj Patil VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3342 OF 2023 Hiralal Bajirao Bhalekar VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3333 OF 2023 Indubai Sevanand Thakur VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3334 OF 2023 Gulabrao Narayan Pawar VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND wp3320.23- -2- WRIT PETITION NO.3336 OF 2023 Milind Kashinath Chavan VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3339 OF 2023 Sunita Siddharth Bagul Alias Bebibai Bhuta Bhamre VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3324 OF 2023 Dinkar Mango Bahiram VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3340 OF 2023 ..... Shankarsing Ramsing Rajput VERSUS The State Of Maharashtra Through Its Secretary And Others ….. AND WRIT PETITION NO.3356 OF 2023 Lata Devidas Dusane Alias Golhare VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3357 OF 2023 Prakash Kashiram Rathod VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3361 OF 2023 Rajendra Muralidhar Bramhankar VERSUS wp3320.23- -3- The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3335 OF 2023 Gokul Vitthal Sonawane VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3337 OF 2023 Sugandha Narayan Badge Alias Sugandha Rajendra Mahire VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3332 OF 2023 Vijaysing Bhimsing Shinde VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3325 OF 2023 Prakash Sitaram Nikumbhe VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3344 OF 2023 Sindhu Gulabrao Ambhore VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3327 OF 2023 Ujawala Murlidhar Vispute VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3326 OF 2023 wp3320.23- -4- Hanumant Sahadu Mokale VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3329 OF 2023 Mangala Balkrushna Wani VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3330 OF 2023 Bhikan Daulat Patil VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3331 OF 2023 Madhavrao Tulshiram Deore VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3338 OF 2023 Dilip Dhana Sonawane VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3343 OF 2023 Sunita Siddharth Bagul Alias Bebibai Bhuta Bhamre VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3328 OF 2023 Sunit Sakharam More VERSUS The State Of Maharashtra Through Its Secretary And Others ..... wp3320.23- -5- AND WRIT PETITION NO.3351 OF 2023 Sushila Vasant Chaudhari VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3347 OF 2023 Shaikh Aslam Shaikh Isa Sikalkar VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3355 OF 2023 Sayarabi Shabbirkha Tadavi VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3346 OF 2023 Nazima Sardar Tadavi VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3345 OF 2023
Legal Reasoning
Sunanda Shriram Kumawat VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3358 OF 2023 Shankar Vedu More VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3359 OF 2023 Badrinath Kanhu Pawar VERSUS wp3320.23- -6- The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3348 OF 2023 Atmaram Premraj Ahire VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3353 OF 2023 Vandana Ashok Rajput VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3360 OF 2023 Mandakini Anil Lindayat VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3350 OF 2023 Manorama Sudhakar Sali VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND WRIT PETITION NO.3354 OF 2023 Aruna Bhaskar Patil VERSUS The State Of Maharashtra Through Its Secretary And Others ..… AND WRIT PETITION NO.3349 OF 2023 Kalabai Murlidhar Shinde VERSUS The State Of Maharashtra Through Its Secretary And Others ..... AND wp3320.23- -7- 928 WRIT PETITION NO.3364 OF 2023 Arabkha Amirkha Tadavi VERSUS The State Of Maharashtra Through Its Secretary And Others ..... Advocates for Petitioners” Mr. Yogesh B. Bolkar and Mr. S. B. Sontakke, in respective petitions Mr. A.G.P. for Respondent/State Authorities: Mr. S. K. Tambe Advocates for Zilla Parishad : Mr. S. R. Dheple and Mr. N.E. Deshmukh (in respective matters) ….. CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ. DATED : 23rd MARCH, 2023. PER COURT :- 1. In all these matters, the Petitioners claim to be identically placed. The learned advocates representing the Zilla Parishad, agree. 2. Amongst these Petitioners, there are some widows who have filed the Petitions. All the original employees were working with the respective Zilla Parishads and superannuated from employment. All of them were subjected to recovery of amounts, purportedly for the reason that excess amounts were paid to them, under wrongful revised pay scales/erroneous revised pay scales on the basis of acquiring the certificate of MS-CIT etc. These pay scales were revised more than a decade ago. 3. The grievance of these Petitioners is that recoveries wp3320.23- -8- have been initiated against them, from their retiral benefits/pensionary benefits. In some cases, amounts have already been recovered. A chart showing the details of the petitioners, their dates of superannuation, dates of impugned orders and amounts recovered from their retiral benefits/pensionary benefits, are as under:- Sr. No. WP Nos. Name of the Petitioners Date of superannuation
Decision
Date of Impugned Order Amount Recovered from the petitioners 1 2 3 4 5 6 7 8 3320/2023 Saikh Amir Shaikh Kadar 3364/2023 Arabkha Amirkha Tadavi 3323/2023 Ananda Sitaram Nikumbhe 30.06.2021 21.03.2022 2,14,884.00 31.12.2015 21.07.2017 3,30,448.00 30.09.2022 29.09.2022 2,65,061.00 3341/2023 Rajendra 31.05.2022 31.05.2022 2,25,675.00 Yuvraj Patil 3342/2023 Hiralal Bajirao 30.04.2022 29.04.2022 1,17,110.00 Bhalekar 3333/2023 Indubai 31.08.2018 10.10.2019 28,264.00 sevanand Thakur 3334/2023 Gulabrao 31.05.2020 01.11.2020 92,419.00 Narayan Pawar 3336/2023 Milind 31.05.2022 28.11.2022 5,94,570.00 Kashinath Chavan 9 3339/2023 Sunita Siddharth Bagul @ Bebibai Bhuta Bhamre 25.02.2021 (Died) 14.03.2022 1,61,597.00 10 3324/2023 Dinkar Mango 31.07.2021 28.03.2022 5,69,633.00 Bahiram wp3320.23- -9- 11 3340/2023 Shankarsing 31.05.2022 27.10.2022 2,24,725.00 Ramsing Rajput 12 3356/2023 Lata Devidas 31.05.2020 24.08.2020 93,534.00 Dusane @ Golhare 13 3357/2023 Prakash 31.05.2022 28.07.2022 2,33,790.00 Kashiram Rathod 14 3361/2023 Rajendra 31.01.2022 27.01.2022 1,89,691.00 Muralidhar Bramhankar 15 3335/2023 Gokul Vithal 31.05.2022 02.05.2022 1,78,695.00 Sonawane 16 3337/2023 Sugandha 31.03.2021 16.03.2021 1,61,629.00 Rajendra Mahire 17 18 3332/2023 Vijaysing Bhimsing Shinde 3325/2023 Prakash Sitaram Nikumbhe 30.11.2022 28.11.2022 2,53,858.00 31.08.2021 28.11.2022 1,43,159.00 19 3344/2023 Sindhu 31.08.2020 28.01.2021 99,376.00 Gulabrao Ambhore 20 3327/2023 Ujwala 30.06.2022 14.09.2022 2,01,494.00 Muralidhar Vispute 21 3326/2023 Hanumant 30.06.2021 21.09.2021 1,68,819.00 Sahdu Mokale 22 3329/2023 Mangla 31.05.2020 05.02.2021 1,30,224.00 Balkrushna Wani 23 3330/2023 Bhikan Daulat 31.08.2020 10.11.2020 1,60,771.00 Patil 24 3331/2023 Madhavrao 28.02.2022 15.07.2022 2,13,242.00 Tulshiram Deore 25 3338/2023 Dilip Dhana 31.12.2021 27.10.2022 2,90,420.00 Sonawane 26 3343/2023 Sunita 31.05.2021 04.08.2021 1,56,304.00 wp3320.23- -10- Siddharth Bagul @ Bebibai Bhuta Bhamre 27 3328/2023 Sunit 29.02.2016 02.07.2016 3,61,188.00 Sakharam More 28 3351/2023 Sushila Vasant 30.11.2022 05.11.2022 2,64,163.00 Chaudhari 29 3347/2023 Shaikh Aslam 31.05.2020 12.10.2020 3,14,378.00 Shaikh Isa Sikalkar 30 3355/2023 Sayarabai Wd/o. Shabbirkha Tadvi 19.06.2019 Died 29.12.2021 5,11,791.00 31 3346/2023 Nazima Wd/o Sardar Tadvi 15.10.2018 (Died) 04.03.2020 4,14,258.00 32 3345/2023 Sunanda 31.05.2020 10.08.2021 1,95,431.00 Shriram Kumawat 33 3358/2023 Shankar Vedu 31.05.2021 28.07.2021 3,65,910.00 More 34 3359/2023 Badrinath 31.05.2022 02.09.2022 4,16,365.00 Kanhu Pawar 35 3348/2023 Atmaram 31.05.2022 23.08.2022 3,55,375.00 Premraj Ahire 36 3353/2023 Vandana Wd/o. Ashok Rajput 18.10.2014 Died 15.07.2015 1,34,172.00 37 3360/2023 Mandakini Anil 30.11.2020 30.04.2021 1,76,589.00 Lindayat 38 3350/2023 Manorama 31.03.2018 01.08.2018 2,26,345.00 Sudhakar Sali 39 3354/2023 Aruna Bhaskar Patil 31.07.2021 07.09.2022 2,39,490.00 40 3349/2023 Kalabai 34.05.2018 18.07.2019 57,472.00 Muralidhar Shinde wp3320.23- -11- 4. We have considered the strenuous submissions of the learned advocates. It is, however, undisputed that none of these Petitioners had played any fraud or were personally involved in wrongful revision of their pay scales or orchestrating wrongful revision by manipulating the record. There is no allegation of fraud or deceit against any of them. No undertaking was acquired from them as and when the revised pay scale become payable. In some cases, at the stroke of retirement, a condition was imposed that they should execute an undertaking and it in these coercive circumstances, that undertaking were extracted from some of them. 5. The learned Advocate representing the Zilla Parishad as well as the learned A.G.P., submit that once an undertaking is executed, the case of the Petitioners would be covered by the law laid down by the Hon’ble Supreme Court in High Court of Punjab and Haryana and others vs. Jagdev Singh, 2016 AIR (SCW) 3523. Reliance is placed on the judgment delivered by this Court on 1.9.2021, in writ petition No. 13262 of 2018 filed by Ananda Vikram Baviskar Vs. State of Maharashtra and others. 6. We have referred to the law laid down by the Hon’ble Supreme Court in High Court of Punjab and Haryana and others vs. Jagdev Singh (supra). However, the record reveals that no undertaking was taken from these Petitioners when the pay scales were revised. The undertakings from some of them were taken at the wp3320.23- -12- stroke of their retirement. An undertaking has to be taken from the candidate on the day the revised pay scale is made applicable to him and the payment commences. At the stroke of superannuation of the said employee, asking him to tender an undertaking, practically amounts to an afterthought on the part of the employer and a mode of compelling the candidate to execute an undertaking since they are apprehensive that their retiral benefits would not be released until such undertaking is executed. Such an undertaking will not have the same sanctity of an undertaking executed when the payment of revised pay scale had commenced. We, therefore, respectfully conclude that the view taken in High Court of Punjab and Haryana and others vs. Jagdev Singh (supra), would not be applicable to the case of these Petitioners, more so since the recovery is initiated after their superannuation. 7. Taking into account that these Petitioners were not involved in any mischief, fraud or deceit in orchestrating their wrongful pay revision, the law laid down by the Hon’ble Supreme Court in Syed Abdul Qadir vs. State of Bihar and others, 2009 (3) SCC 475 and State of Punjab and other vs. Rafiq Masih (White