Case Note & Summary
The petitioner, Rajaram s/o Namdeo Sudke, was appointed as Road Karkoon on 1st April 1987 and had an unblemished service record. He was appointed and converted on C.R.T. on the same date. Under the Assured Progress Scheme, the petitioner completed 12 years of service from the date of appointment on 1st April 1999. The Government of Maharashtra, inspired by a scheme prepared by the Central Government to grant senior pay scale or certain benefits after completing regular service of 12 years for Class-III and Class-IV employees, issued a Government Resolution dated 8th June 1995. This resolution took a policy decision to amalgamate the post of Civil Engineer Assistant in one cadre, and accordingly, 2439 posts were created in the pay scale of Rs.1640-2900 in the year 1999. The petitioner completed 45 years of age. The petitioner filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 2nd July 2015 issued by respondent No.4, by Outward No.477/2015, which sought to recover excess payment made to the petitioner. The court heard the parties and considered the submissions. The court held that recovery of excess payment from a retired employee is not permissible when the payment was not due to any misrepresentation or fraud by the employee. The impugned order was quashed and set aside. The court allowed the petition and made the rule absolute.
Headnote
A) Service Law - Recovery of Excess Payment - Assured Career Progression Scheme - Recovery from retired employee not permissible if payment was not due to misrepresentation or fraud - The petitioner, a retired employee, was granted senior pay scale under the Assured Career Progression Scheme. The respondent issued an order to recover the excess payment. The court held that recovery of excess payment from a retired employee is not permissible when the payment was not due to any misrepresentation or fraud by the employee. The impugned order was quashed and set aside. (Paras 1-10) B) Service Law - Assured Career Progression Scheme - Government Resolution dated 8th June 1995 - Benefits under the scheme - The petitioner completed 12 years of service and was entitled to benefits under the Assured Career Progression Scheme as per the Government Resolution dated 8th June 1995. The court held that the benefits granted under the scheme cannot be recovered after retirement. (Paras 4-10)
Issue of Consideration
Whether the order of recovery of excess payment made to the petitioner under the Assured Career Progression Scheme is sustainable in law, especially when the petitioner has already retired and the payment was not due to any misrepresentation or fraud on his part.
Final Decision
The court allowed the petition, quashed and set aside the impugned order dated 2nd July 2015 issued by respondent No.4, and made the rule absolute.
Law Points
- Recovery of excess payment from retired employee not permissible if payment was not due to misrepresentation or fraud
- Assured Career Progression Scheme benefits cannot be recovered after retirement
- Government Resolution dated 8th June 1995
- Article 226 of Constitution of India
