Madhukar Vaijnath Vanve and Ors. v. the State of Maharashtra Throu. Its Sec. Rural Develpment and Water Conservations Dept and Ors.
Case brief
What is this about?
Recovery of excess salary - wrongful/erroneous revised pay scales based on MS-CIT certificate - recovery from pension/retiral benefits of superannuated Zilla Parishad Solapur employees - no fraud or deceit by employees - undertaking extracted at stroke of retirement lacks sanctity and is an afterthought - High Court of Punjab and Haryana v. Jagdev Singh (2016 AIR (SCW) 3523) distinguished - Syed Abdul Qadir v. State of Bihar (2009 (3) SCC 475) and State of Punjab v. Rafiq Masih ((2015) 4 SCC 334) applied - writ petition partly allowed - repayment of recovered amounts after Zilla Parishad verification within 45 plus 45 days - waiver of interest on recovered amounts - 5% p.a. interest on delay beyond 90 days - Bombay High Court, July 2025.
What did the court decide?
Subject to proper verification by the Zilla Parishad (preferably within 45 days), all amounts due and payable to the Petitioners and to widows/legal heirs of deceased employees to be paid within a further 45 days; Petitioners waive interest on amounts already recovered; failing payment within 90 days, interest at Rs.5% p.a. from the date of the order becomes payable.