34-wp-1974-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1974 OF 2025 Suresh Gajanan Pukale and Ors. …..Petitioners versus The State of Maharashtra and Ors. ….Respondents Mr. Satish S. Raut a/w Mr. Tanmay M. Shembavanekar, a/w Mr. Shravan H. Sul for the Petitioners. Mr. Anand Kulkarni for the Respondent Nos. 3 and 4. Mr. P. P. Kakade, Addl. G. P. a/w K. S.Thorat, ‘B’ Panel Advocate for the State. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 12th FEBRUARY, 2025 ORAL FINAL ORDER (Per Ravindra V. Ghuge, J) 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 NIKITA KAILAS DARADE Digitally signed by NIKITA KAILAS DARADE Date: 2025.02.20 11:40:13 +0530 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 : Sr. No. Retired Teacher’s Name Age MS- CIT Amt. Recove ry Excess Payment Recovery Retired Date Z.P. School Date Of Impug ned Order Permane nt Address 1. Suresh Gajanan Pukale 63 43610 8/31/2019 Miri Taluka Mohol 12/30/2 019 A/P- Begampu r Taluka Mohol Dist Solapur 2. Chandrakant Ekanath Raut 62 48377 5/31/2020 Jamagav Taluka Mohol 9/3/202 0 A/P- Arbali Taluka Mohol Dist solapur 3. Pomasing Laxman Rathod 59 65859 37367 5/31/2024 Marawade (Boys) Mangalwedha 5/30/20 24 A/P- Balajinag ar Taluka Mangalw edha Dist solapur 4. Surekha Bhimrao Patil 60 47994 9/30/2023 Kamlapur Taluka Sangola 10/6/20 23 Alrineng ar Sangola Dist Solapur 5. Maruti Shamrao Shinde 61 69171 163443 5/31/2021 Pothare Taluka Karmala 6/8/202 2 A/P Ropale(k ) Taluka Nikita 2 of 8 34-wp-1974-2025.odt Madha Dist Solapur 6. Rajkumar Vasant Waskar 60 45135 1682 3/31/2023 Kem Taluka Karmala 1/5/202 4 A/P Kem Taluka Karmala dist Solapur 7. Vandana Arun Mane 59 29219 2/29/2024 Valasang Taluka S.Solapur 6/18/20 24 7A Swami Vivekana nd Nagar Saiful Solapur Taluka S.Solpaur Dist Solapur 8. Tanaji Bapu Dhaygude 61 53975 3462 11/30/202 2 Ketur No.2 Taluka Karmala 7/12/20 23 A/P Khatgaon Taluka Karmala Dist Solapur 9. Manisha Mahadev Rupnure (Late- Mahadev Dharmanna Rupnure) 37 47081 2/1/2017 Kallapawadi Taluka Akkalkot 7/13/20 17 A/P Bankalgi Taluka S.Solapur Dist Solapur 10. Khurshid Shakeel Ahmed Shaikh 64 23492 2153 5/31/2018 Widigharul(K ) Taluka S.Solapur 8/4/201 8 13A Magi Sainik Nagar Indranaga r Dist S.Solapur 11. Khamarbanu Abdulkadar Jikare 63 35690 15426 1/31/2019 Shelakewasti Nerale Taluka Karmala 3/14/20 19 A/P Narale Taluka Karmala Dist Solapur 12. Laxman Basanna Gurav 62 40909 5/31/2021 Tadawal (kannad) Taluka Akkalkot 6/28/20 21 A/P Parnand an Maharaj i Math Akkalk ot Dist Solapur 13. Dilshad Saipoddin Mujawar (Late- Saipoddin Tajoddin Mujawar) 60 48169 5/10/2016 Udagi Taluka Akkalkot 11/17/2 016 A/P Mangrul Taluka Akkalkot Dist Solapur 14. Bharat Shankar Solankar 49 50324 337155 7/20/2023 Siddhankeri Taluka Mangalwedha 1/9/202 5 A/P Jalihal Taluka Mangalw edha Dist Solapur 15. Dilshad Saipoddin Mujawar 60 43052 311571 5/31/2023 SuleraJavalag e Taluka Akkalkot 9/26/20 23 A/P Mangrul Taluka Akkalkot Dist Solapur Nikita 3 of 8 34-wp-1974-2025.odt 16. Ashok Shahaji Mandale 61 58944 4/30/2022 Morahi Taluka Malashiras 10/17/2 022 A/P Chinake Taluka Sangola Dist Solapur 17. Mamta Sambhaji Shitole (Late- Sambhaji Tukaram Shitole) 41 142171 4/25/2023 Deshmukhwa sti (Ajanale) Taluka Sangola 10/10/2 023 A/P Chinake Taluka Sangola Dist Solapur 18. Dattatraya Pandurang Dange 61 53101 5/31/2022 Kamlapur Taluka Sangola 5/15/20 23 A/P Chinake Taluka Sangola Dist Solapur 19. Arjumandbano Mohamad Juber Manyalkar 62 48696 1646 6/30/2021 Bhimanagar (Mandrup) Taluka S.Solapur 9/3/202 1 Plot No.150 Sahara Nagar Hotagi Raod Solapur Dist Solapur 20. Bhimraya Kallappa Agaje 62 48696 2/28/2021 Kumbhari (Girl) Taluka S.Solapur 2/25/20 21 B/5 Chugule Park Majarewa di Taluka N. Solapur Dist Solapur 21. Chhaya Bhimraya Agaje 60 18733 7/31/2024 Gulavanchi Taluka N.Solapur 9/13/20 24 B/5 Chugule Park Majarew adi Taluka N.Solapu r Dist Solapur 22. Amasidha Umanna Kamale 60 53374 5/31/20 23 Lavangi Taluka S.Solapur 7/12/2 023 A/p Bhandara kavate T- S. Solapur D- Solapur 23. Shrimant Girmalla Ankalagi 64 125442 6/30/2019 Sadepur Taluka S.Solapur 11/18/2 019 A/P Aujmand rup Taluka S.Solapur Dist Solapur 24. Vijaykumar Shankar Shastri 60 317109 5/31/2024 Sanjawad Taluka S.Solapur 9/5/202 4 A/P Mandrup Taluka S.Solapur Dist Solapur 25. Shatrughan Bhagwan Sathe 60 45128 2376 5/31/2024 Degaon Taluka N.Solapur 6/21/20 24 A/P Mohol Taluka Mohol Dist Nikita 4 of 8 34-wp-1974-2025.odt Solapur 26. Jilani Jamalsaheb Mujawar 61 46979 5/31/2023 Shawal Taluka Akkalkot 9/27/20 23 A/P Magarul( Pan) Taluka Akkalkot Dist Solapur 27. Vijaya Krishna Dethe 61 51758 5/31/2023 Ranjani Taluka Pandharpur 5/29/20 24 A/P Siddhivin ayak Society Takali Road Pandharp ur Taluka Pandharp ur Dist Solapur 28. Ranjana Laxman Lamkane 60 48785 11/30/202 4 Widigharul.B (Girls) Taluka S.Solapur 12/31/2 024 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 Washer) etc. (2015) 4 SCC 334 = AIR 2015 SC 696, would apply to this case. 9. 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 Nikita 7 of 8 34-wp-1974-2025.odt 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. 10. 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.) Nikita 8 of 8