Raghunath Shantaram Kavale v. Zilla Parishad Pune Throu. Chief Executive Officer and Anr.
Case brief
What is this about?
Keywords: recovery of excess salary; deduction from gratuity post-retirement; inadvertent overpayment; Principal pay-scale drawn while working as Primary Teacher; Right of Children to Free and Compulsory Education Act 2009 verification; 35 surplus Principals; forced demotion consent; duress and coercion; post-retirement affidavit/undertaking; Sayed Abdul Qadir v State of Bihar (2009) 3 SCC 475; State of Punjab v Rafiq Masih (2015) 4 SCC 334; Shaikh Amir Shaikh Kadar v State of Maharashtra (Bombay HC, Aurangabad Bench, Writ Petition No. 3320 of 2023, 23.03.2023); Zilla Parishad Pune; Deputy Chief Auditor and Finance Officer; pension re-fixation prospective; no recovery of pension already paid; refund within 45 days; interest @ 5% p.a.; Rule made partly absolute; writ petitions partly allowed.
What did the court decide?
Amounts deducted from gratuity to be returned to the Petitioners without interest if repaid within 45 days, failing which with interest @ 5% p.a. from the dates of deduction; liberty to the Zilla Parishad to issue individual notices, obtain explanations within 15 days and re-fix pension as per actual salary payable, applying prospectively from the date of the Judgment, with no recovery of pension amounts already paid; Rule made partly absolute.