Case Note & Summary
The petitioners, fourteen retired teachers, filed a writ petition before the Bombay High Court challenging orders dated 27.08.2014 passed by the respondents (State of Maharashtra and education authorities) directing recovery of alleged excess payments made to them. The petitioners contended that the impugned orders were passed without issuing any show cause notice or affording them an opportunity of hearing, thereby violating principles of natural justice. They argued that being pensioners, such recovery without notice was arbitrary and illegal. The respondents, represented by the AGP and advocates, opposed the petition. The court, after hearing the parties, observed that the orders were passed without any prior notice or opportunity to the petitioners. The court held that the respondents ought to have given the petitioners a chance to submit their say before directing recovery. Consequently, the court quashed and set aside the impugned orders and directed the respondents to decide the matter afresh after giving an opportunity of hearing to the petitioners. The petition was allowed in those terms.
Headnote
A) Service Law - Recovery of Excess Payment - Natural Justice - Impugned orders directing recovery of alleged excess payments from retired teachers were quashed as they were passed without issuing any show cause notice or affording opportunity of hearing to the petitioners - Held that such orders are in gross violation of principles of natural justice and cannot be sustained (Paras 1-10). B) Service Law - Pension - Recovery from Pensioners - Recovery of alleged excess payments from pensioners without prior notice is impermissible - The court held that the respondents ought to have given an opportunity to the petitioners to submit their say before passing any adverse orders - Held that the impugned orders are quashed and set aside (Paras 5-10).
Issue of Consideration
Whether the impugned orders dated 27.08.2014 passed by the respondents directing recovery of alleged excess payments from the petitioners, who are retired teachers, are sustainable in law and whether they were passed in violation of principles of natural justice.
Final Decision
The petition is allowed. The impugned orders dated 27.08.2014 are quashed and set aside. The respondents are directed to decide the matter afresh after giving an opportunity of hearing to the petitioners. Rule is made absolute accordingly.
Law Points
- Natural justice
- Recovery of excess payment
- Pension
- Opportunity of hearing
- Quasi-judicial authority
