VidhiSangh

Supreme Court of India · 27/02/2020

MARUTI TUKARAM BAGAWE AND ORS. versus THE STATE OF MAHARASHTRA AND ANR.

[2020] 3 S.C.R. 1034 · 2020 INSC 229

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Summary

The Supreme Court upheld withdrawal of the special concession granting Treasury Junior Clerks the Deputy Accountant pay scale. The ordinary twelve-year progression scheme entitled them only to the next promotional scale of Senior Clerk. However, because benefits had continued under the High Court’s order pending the Tribunal’s decision, recovery was confined to excess payments after 4 December 2014, rather than after the withdrawal resolution of 11 September 2008.

Issues

  1. Whether withdrawal of the special higher pay-scale concession was valid.
  2. Whether the ordinary progression scheme independently conferred the Deputy Accountant scale.
  3. From what date excess payments could be recovered in the circumstances.

Held

Result

Appeal partly allowed. Recovery direction modified by substituting 4 December 2014 for 11 September 2008; recovery of benefits secured before the substituted date restrained. Remainder of High Court judgment upheld; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 1034.