Gangaram Mahadev Damse v. Zilla Parishad Pune and Anr.
Case brief
What is this about?
Recovery of excess salary; inadvertent overpayment; deduction from gratuity of retired employee; post-retirement undertaking/affidavit; duress and coercion; unjust enrichment plea rejected; Sayed Abdul Qadir v. State of Bihar (2009) 3 SCC 475; State of Punjab v. Rafiq Masih (White Washer) (2015) 4 SCC 334; Shaikh Amir Shaikh Kadar, WP 3320/2023 (Bom HC Aurangabad Bench); Zilla Parishad Pune; Primary Teacher demoted from surplus Principal post; RTE Act 2009 staffing verification 2014; refund of gratuity deduction; interest @ 5% p.a.; 45 days repayment window; pension re-fixation prospective only; no recovery of pension already paid; Bombay High Court writ petitions 2025.
What did the court decide?
All eight writ petitions partly allowed; rule made partly absolute. Deducted gratuity amounts to be returned to the Petitioners (without interest if repaid within 45 days, else with interest @ 5% p.a. from the dates of deduction); liberty to the Zilla Parishad to re-fix pension prospectively after individual notice and 15 days to explain; no recovery of pension already paid.