Sidram Sivrutti Savale & Ors. v. The State of Maharashtra & Ors.

Order

(Per Ravindra V. Ghuge, J)

#1. All the Petitioners are identically placed. The learned Advocate representing the Respondent Zilla Parishad, Solapur, agrees.

#2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

#3. The Petitioners are employees who were working with the Respondent Zilla Parishad and have 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 Talwalkar 1

10.WP4937.2025.odt pay scales/erroneous revised pay scales, calculated on the basis of acquiring the certificate of MS-CIT, etc. These pay scales were revised more than a decade ago.

#4. The grievance of these Petitioners is that recoveries have been initiated against them, from their retirement 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 retirement benefits/pensionary benefits, is as under : Sr. No.

#1. Retired Teacher’s Name Sidram Nivrutti Savale Age MS-CIT Amt. Recover y 45786 59 Excess Payment Recovery Retired Date 3360 31/5/2024

#2. Alim Hasan Patil 59 64247 16395 31/05/2024 63 38295 - 31/05/2019 50 72790 - 18/3/2023

#4. Jagannath Sukhdeo Khandekar Sunanda suresh kavanale (Late- Suresh Revappa Kavanale ) Talwalkar 2

Date Of Impugned Order 6/3/2024 Permanent Address Mundhewadi Tal : Mangalvedh a Dist: Solapur. 6/3/2024 Lavangi Tal : Mangalvedh a Dist : Solapur 8/13/2019 Khomnal Tal : mamgalvedh a Dist : Solapur 21/9/2023 Talsani Tal – Mangalvedh a Dist - Solapur Z.P. School Khups Tal. Manga lvedha Dist; Solapu r Kachre tal : Manga lvedha Dist : Solapu r Fatew adi Tal : Manga lvedha Dist : Solapu r Dadpu r Tal- Mohol Dist - Solapu r

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#9. Mandakini Shayamrao Kulkarni Babasaheb Namdeo Mote 62 89276 - 64 28636 - Panchappa Siddanna shaval 64 23913 4801 Vijaya Atmaram kavitake 60 22262 369267 Jyoti Vasantrao kandale 61 47696 1240

#10. Anagha Nilkhanth shinde 59 42369 7810 59 41385 10305

#11. Harishchan Chanbasap pa Gaikwad

#12. Sharanapp a Shivappa Loni 61 67978 142252

#13. Ramesh Basanna Tallikar 60 8841 874 60 29945 11211

#14. Abdul rajjaka a Karim Shaikh 31/5/2018 31/5/2018 31/08/2023 31/05/2020 Manja ri tal -sango Solapu r Balaw adi Tal – sangol a dist – Solapu r Shiraw al Tal – S. solapu r Dist - Solapu r Lavan gi tal – S. solapu r Dist _ solapu r Kaseg Tal – S . solapu r Dist - Solapu r Takali tal – karmal a Dist - Solapu r 31/01/2024 30/6/2022 31/5/2021 31/05/2024 Mangr aul Tal - Akkalk Solapu r Waghd ari Tal – Akkalk Dist - Solapu r Doddi Tal – Akkalk Dist - Solapu r Takali Tal – Karma la Dist - Solapu r 31/5/2023 30/6/2023 10/8/2020 18/9/2018 Sangola Tal – Sangola Dist – Solapur Lotewadi Tal – sangola Dist - Solapur 25/7/2018 Shirawal Tal – S. solapur Dist - Solapur 1/1/2024 Samarth Krupa Jule Solapur Dist - solpaur 13/4/2023 Vasant Vihar North Solapur 23/02/202 4 Bhigvan Tal – Indapur Dist - Solapur. 3/6/2024 Mangraul Tal - Akkalkoat Solapur 18/9/2021 Waghdari Tal – Akkalkoat Dist - Solapur Akkalkoat Tal – Akkalkoat Dist - Solapur. Akkalkoat Tal – Akkalkoat Dist - Solapur. 11/7/2024 15/3/2024 Talwalkar 3

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#15. Suvarna Bhagwat Kevate

#16. Basavana Baburao kabade

#17. Surekha Ashok togare 62 55916 219946 31/5/2022 64 47296 - 31/11/2020 65 36161 1878 31/07/2018 6/3/2023 5/2/2021 1/9/2018 Kevate Tal – N . soalpu r Dist - Solapu r Samsh Tal – North Solapu r Dist - Solapu r Kardra Tal – S solapu r Dist - Solapu r Vijapur Road Indra Nagar soalpur Dist – Solapur Raghavandr a Nagari Vijapur Road Dist - Solapur Hotagi Road Solapur Dist - Solapur

#18. Arjun Amogi Adole 61 50394

#19. Mahadev 59 71084 - 60 46044 - 50 49828 - Ramchandr a Kasegaone Jahangir Jafar Tamboli Pushpa Mahadev Revatgav ( Late – Mahadev Chidanand Revatgav ) Sukhdev Hanmant Salagar Shetiba Sidram mashale

#23. 64 90864 31/05/2020 59 44540 322602 31/5/2024

#24. Malan nabilal Nadaf 63 18954 - 31/03/2018 Talwalkar 4 4/7/2021 Mandrup Tal - S. Solapur Dist - Solapur 18/6/2024 Near shyadri school laxmi peth Solapur 3/8/2023 14/3/2024 Samarth nagar Mohol Tal – Mohol Dist - Solapur. Bhandarkava te Tal – S . Solapur Dist - solapur 28/2/2023 31/05/2024 30/05/2021 Manru p Tal – S Solapu r Dist - Solapu r Bale Tal – N Solapu r Dist - Solapu r Mohol Tal – Mohol Dist - Solapu r Bhand arkava te Tal – S . Solapu r Dist - solapu r 13/3/2023 Auj Tal – S. Solapu r Dist -Solap Bolkav ata Tal – S. Solapu r Dist - Solapu r Barur Tal – S .Solap ur Dist - 17/7/2020 Auj Tal – S. Solapur Dist -Solapur 20/9/2024 Auj Tal – S. Solapur Dist -Solapur 5/5/2018 Pitapur Road Akkalkoat Tal – akkalkoat Dist - Solapur

#25. Sunita Subash kaldeep

#26. Giridhar Apparao Birajdar

10.WP4937.2025.odt 61 70218 - 31/5/2021 soalpu r Mandr up Tal – S. Solapu r Dist - solapu r 15/7/2021 Janki Nagar Jule Solapur Dist – Solapur 59 47194 - 31/05/2024 Hanm 13/8/2024 Tal – S. Solapu r Dist - Solapu r Shirpanhalli Tal – S. Solapur Dist - Solapur Halahalli Tal – Akkalkoat Dist – Solapur

#27. Shreeshali 60 193177 31/05/2023 Halah 8/8/2023 rachayya

#28. Sumitra Shivanand aralikar ( Handage ) ( late – Shivanad MallappaAr alikar Handage ) 65 44107 18/8/2023 alli Tal – Akkalk Dist – Solapu r Arali Tal – Akkalk Dist - Solapu r

#29. Usha 61 47339 31/07/2022 Majare Manohar Surwase

#30. Smitra Shivanand Arlikar 65 33906 572 30/10/2018

#31. Surekha Nandkumar Kangale 64 47696 - 31/5/2019 Tal – N . Solapu r Dist - Solapu r Arali Tal – Akkalk Dist - Solapu r Kumbh ( Girls) Tal – South Solapu r Dist - Solapu r 28/2/2024 Arali Tal – Akkalkoat Dist - Solapur 16/12/202 2 Majarewadi Tal – N . Solapur Dist - Solapur 4/11/2018 22/5/2019 Arali Tal – Akkalkoat Dist - Solapur Arali Tal – Akkalkoat Dist - Solapur

#32. Sanjay Mahadev Mandole 59 36754 33999 13/6/2024 Kamalanaga r Nehru Road Solapur Dist – Solapur 31/05/2024 Naray anevas ( Hatt ur ) Tal – S. Solapu r Dist - Solapu Talwalkar 5

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#37. Annapurna Pradeep Mandole 62 47,37 9 - 31/05/2024 Navadi r g, N- Solapu r, dist- solapu r 14,714 31/01/2024 Nandr Kashinath Basavanap pa Zampa 59 38,63 6 62 48,06 0 - 31/05/2020 Dilip Narayan Kulkarni Shivputra Chandram Mundewadi 63 7782 3328 20/06/2017 Hilli Akkalk ot, Dist- Solapu r Sanjivani Nagnath Surwase 63 20,24 1 1240 20/03/2018 Hotgi, S. Solapu r, Dist- Solapu r al , Akkalk ot , Dist- Sola[p Kumbh ari, S. Solapu r, Dist- Solapu r 15/10/202 4 23/02/202 4 Dawat Chowk, Jule Solapur, tal and Dist Solapur Akkalkot , Tal- Akkalkot, Dist- Solapur 21/10/202 0 62/2, Simla Nagar , tal – Vijapur Road , Solapur 30/06/201 7 31/03/201 8 Khanapur, Mhaisalane, Tal- Akkalkot, Solapur 60/61, Mantri Chandak Vihar, Hotgi Rd. Tal and Dist- Solapur \

#5. 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 in these coercive circumstances, that undertaking were extracted from some of them. Talwalkar 6

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#6. The learned Advocate representing the Zilla Parishad as well as the learned AGP, 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 1st September, 2021, in Writ Petition No. 13262 of 2018 filed by Ananda Vikram Baviskar Vs. State of Maharashtra and others.

#7. 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 stroke of their retirement.

#8. 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 Talwalkar 7

10.WP4937.2025.odt 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.

#9. 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 Washer) etc. (2015) 4 SCC 334 = AIR 2015 SC 696, would apply to this case.

#10. The Writ Petition is partly allowed. The impugned orders are quashed and set aside. The amounts due and payable to the Petitioners, as well as to the widows and other legal heirs, if that is the case, after the superannuation of the said employees/death of the employees, would be paid to these Petitioners or their widows or other legal heirs, if that is the case, within a period of 90 days. Talwalkar 8

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#11. The learned Advocate for the Petitioners submits, on instructions, that the Petitioners would not claim any interest on the amount which has already been recovered from them, to the extent of it’s repayment. In view thereof, if the amounts are not paid within 90 days, interest at the rate of Rs.5% p.a. from the date of this order, will be paid. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Talwalkar 9