Pralhad Ade v. the State of Maharashtra Social Justice and Special Assistance Department through the Secretary
Case brief
What is this about?
Recovery of excess salary from superannuated employees (Sulbha Kulkarni; Pralhad Ade) held impermissible per Syed Abdul Qadir (2009) 3 SCC 475 and State of Punjab v. Rafiq Masih (AIR 2015 SC 696); impugned recovery quashed. Authorities retain right to correct wrong pay fixation via notice (>=15 days, e-mail), hearing, and refixation order within 60 days of first hearing; pension recalculation; liberty to challenge refixation. Bombay HC, W.P. 1370 & 1368 of 2024, decided 26-03-2026, Ghuge & Mantri, JJ. Partly allowed; Rule made partly absolute.
What did the court decide?
Impugned action of recovery quashed and set aside. Directions: (a) Respondent No. 6 to issue individual notices giving at least 15 days' clear notice for the pay-fixation hearing; (b) notices by e-mail; (c) correspondence through e-mail; (d) after hearing, Respondent No. 6 to arrive at proper pay fixation within 60 days from the first hearing and serve the order on the Petitioners and Management by e-mail within 24 hours; (e) pension to be recalculated on the fresh pay fixation and payment to commence, with Management cooperating in submitting the revised pension proposal without delay; (f) aggrieved parties at liberty to challenge the order passed by Respondent No. 6 through remedies permissible in law. Rule made partly absolute.