Saturday, April 25, 2026
Latest:
2024February 2024High CourtLatestLegal

Public Prosecutor – Mah.Govt.Servant Marathi Language Examination Rules 1987 – Increment given even without passing the examination in stipulated period – Legality of action for its recovery at fag end of retirement

legaldeli

On 12.8.1993, the petitioner was appointed as Police Prosecutor and on 2.5.1996 promoted as Assistant Public Prosecutor.

 Maharashtra Government Servant (other than the Judicial Department Service) Marathi Language Examination Rules 1987, required the petitioner to pass lower and higher Marathi Language Examination in two years from the date of appointment and the said period expired on 12.8.1995.  The said examination is mandatory and for not passing the said examination, increment is not given or withheld.

The petitioner passed the said examination on 10.4.2015.   However, she was given increments during the said period of 1995 to 2015.

On 17.11.2018, the respondents initiated action for recovery of increments given from 1995 to 2015. On 30.1.2019, the petitioner retired from service.    

The action of recovery was challenged before the Maharashtra Administrative Tribunal.  By the order dated 25.9.2019 the Tribunal dismissed the case.

HELD that the respondents admitted their own mistake in releasing the payment of increment. It is not the case of the respondents that there was suppression by the petitioner. The respondents have also not stated that the works of the petitioner had suffered for not passing the examination.  Following the decision of the Supreme Court in Rafiq Masih (2015 (4) SCC 334) it was noted that recovery is not permissible in law when excess payment was made for a period in excess of five years before the order of recovery and no recovery is permissible from employee due for retirement in one year from the order of recovery. It was seen that other directions in the said judgment are applicable to all class of employees. In view of this, the recovery from the petitioner is not legal.

Judgment dated 20.2.2024 in Writ Petition No.564 of 2023 of Smt. Varsha Kapil Doshi Vs. State of Maharashtra and another

You May Also Like

SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails

legaldeli

IBC – Salutary order of the Supreme Court for value maximization of Corporate Debtor.

legaldeli

Pune Court – Joint Assets Cannot Shield Husband from maintenance and enhancement

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree