Suresh Gajanan Pukale and Ors. v. The State of Maharashtra and Ors.

Judgment

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

#2. 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, Nikita 1 of 8 34-wp-1974-2025.odt purportedly for the reason that excess amounts were paid to them, under wrongful revised 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.

#3. The grievance of these Petitioners is that recoveries 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 :

#4. Sr. No. Retired Teacher’s Name Suresh Gajanan Pukale Age MS- CIT Amt. Recove 43610 63 Excess Payment Recovery Retired Date Z.P. School 8/31/2019 Miri Taluka Mohol

Date Of Impug Order 12/30/2 019 Chandrakant Ekanath Raut 62 48377 5/31/2020 Jamagav Taluka Mohol 9/3/202 0 59 65859 37367 5/31/2024 Marawade (Boys) Mangalwedha 60 47994 9/30/2023 Kamlapur Pomasing Laxman Rathod Surekha Bhimrao Patil 5/30/20 24 10/6/20 23 6/8/202 2 Taluka Sangola Pothare Taluka Karmala

#5. Maruti 61 69171 163443 5/31/2021 Shamrao Shinde Nikita 2 of 8 Permane Address A/P- Begampu r Taluka Mohol Dist Solapur A/P- Arbali Taluka Mohol Dist solapur A/P- Balajinag ar Taluka Mangalw edha Dist solapur Alrineng Sangola Dist Solapur A/P Ropale(k ) Taluka 34-wp-1974-2025.odt Madha Dist Solapur A/P Kem Taluka Karmala Solapur 7A Swami Vivekana nd Nagar Saiful Solapur Taluka S.Solpaur Dist Solapur A/P Khatgaon Taluka Karmala Dist Solapur A/P Bankalgi Taluka S.Solapur Dist Solapur 13A Magi Sainik Nagar Indranaga r Dist S.Solapur A/P Narale Taluka Karmala Dist Solapur A/P Parnand Maharaj i Math Akkalk ot Dist Solapur A/P Mangrul Taluka Akkalkot Dist Solapur A/P Jalihal Taluka Mangalw edha Dist Solapur A/P Mangrul Taluka Akkalkot Dist Solapur Rajkumar Vasant Waskar 60 45135 1682 3/31/2023 Kem Taluka Karmala

#7. Vandana Arun Mane 59 29219 2/29/2024 Valasang Taluka S.Solapur 1/5/202 4 6/18/20 24

#8. Tanaji Bapu Dhaygude 61 53975 3462 11/30/202 2 Ketur No.2 Taluka Karmala 7/12/20 23

#9. Manisha Mahadev Rupnure (Late- Mahadev Dharmanna Rupnure)

#10. Khurshid Shakeel Ahmed Shaikh Khamarbanu Abdulkadar Jikare 37 47081 2/1/2017 Kallapawadi Taluka Akkalkot 7/13/20 17 64 23492 2153 5/31/2018 Widigharul(K ) Taluka S.Solapur 8/4/201 8 63 35690 15426 1/31/2019 Shelakewasti Nerale Taluka Karmala 3/14/20 19 Tadawal (kannad) Taluka Akkalkot 6/28/20 21 Laxman Basanna Gurav 62 40909 5/31/2021 60 48169 5/10/2016 Udagi Taluka Akkalkot 11/17/2 016 Dilshad Saipoddin Mujawar (Late- Saipoddin Tajoddin Mujawar) Bharat Shankar Solankar 49 50324 337155 7/20/2023 Dilshad Saipoddin Mujawar 60 43052 311571 5/31/2023 Siddhankeri Taluka Mangalwedha 1/9/202 5 SuleraJavalag e Taluka Akkalkot 9/26/20 23

#15. Nikita 3 of 8

#16. Ashok Shahaji Mandale 61 58944 4/30/2022 Morahi Taluka Malashiras 10/17/2 022

#17. Mamta Sambhaji Shitole (Late- Sambhaji Tukaram Shitole) Dattatraya Pandurang Dange Arjumandbano Mohamad Juber Manyalkar 41 142171 4/25/2023 Deshmukhwa sti (Ajanale) Taluka Sangola 61 53101 5/31/2022 Kamlapur 62 48696 1646 6/30/2021 Taluka Sangola Bhimanagar (Mandrup) Taluka S.Solapur 10/10/2 023 5/15/20 23 9/3/202 1 Bhimraya Kallappa Agaje 62 48696 2/28/2021 Kumbhari (Girl) Taluka S.Solapur 2/25/20 21 Chhaya Bhimraya Agaje Amasidha Umanna Kamale Shrimant Girmalla Ankalagi Vijaykumar Shankar Shastri Shatrughan Bhagwan Sathe 60 18733 7/31/2024 Gulavanchi Taluka N.Solapur 9/13/20 24 60 53374 5/31/20 23 Lavangi Taluka S.Solapur 7/12/2 023 64 125442 6/30/2019 60 317109 5/31/2024 Sadepur Taluka S.Solapur 11/18/2 019 Sanjawad Taluka S.Solapur 9/5/202 4 60 45128 2376 5/31/2024 Degaon Taluka N.Solapur 6/21/20 24 Nikita 4 of 8

#25. 34-wp-1974-2025.odt A/P Chinake Taluka Sangola Dist Solapur A/P Chinake Taluka Sangola Dist Solapur A/P Chinake Taluka Sangola Dist Solapur Plot No.150 Sahara Nagar Hotagi Raod Solapur Dist Solapur B/5 Chugule Park Majarewa Taluka N. Solapur Dist Solapur B/5 Chugule Park Majarew Taluka N.Solapu r Dist Solapur A/p Bhandara kavate T- S. Solapur D- Solapur A/P Aujmand Taluka S.Solapur Dist Solapur A/P Mandrup Taluka S.Solapur Dist Solapur A/P Mohol Taluka Mohol Dist

#28. Jilani Jamalsaheb Mujawar 61 46979 5/31/2023 Shawal Taluka Akkalkot 9/27/20 23 Vijaya Krishna Dethe 61 51758 5/31/2023 Ranjani Taluka Pandharpur 5/29/20 24 Ranjana Laxman Lamkane 60 48785 11/30/202 4 Widigharul.B (Girls) Taluka S.Solapur 12/31/2 024 34-wp-1974-2025.odt Solapur A/P Magarul( Pan) Taluka Akkalkot Dist Solapur A/P Siddhivin Society Takali Road Pandharp ur Taluka Pandharp ur Dist Solapur Plot No.B88 6 Rajeshw arnagar Gruh Nirman Sanstha Solapur Dist solapur

#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 in these coercive circumstances, that undertaking were extracted from some of them. Nikita 5 of 8 34-wp-1974-2025.odt

#5. 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.

#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 stroke of their retirement.

#7. 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 Nikita 6 of 8 34-wp-1974-2025.odt 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.

#8. 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