Synopsis

The petitioner, widow of a deceased government employee (Class IV peon), challenged the recovery of Rs.3,11,194/- from the death gratuity payable to her. The recovery was on account of excess payment made to the deceased employee due to wrong pay fixation during his service tenure (from 01.01.2006 to 11.03.2022). The employee had given statutory undertakings under the Maharashtra Civil Services (Revised Pay) Rules, 2009 and 2019, agreeing to refund any excess payment. The High Court held that the recovery is permissible as the undertakings were statutory, the employee was bound by them, and the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 expressly allow recovery from death gratuity. The court distinguished the landmark judgment in State of Punjab v. Rafiq Masih (2015), noting that the propositions therein do not cover cases where a statutory undertaking is given. The writ petition was dismissed.

Court: High Court of Judicature at Bombay, Bench at Aurangabad

Coram: Nitin B. Suryawanshi, J. and Vaishali Patil - Jadhav, J.

Date of Judgment: 21st April 2026

Citation: Writ Petition No. 13261 of 2023 (2026:BHC-AUG:17337-DB)

Core Law: Service law – recovery of excess payment from death gratuity; Maharashtra Civil Services (Revised Pay) Rules, 2009 and 2019; Maharashtra Civil Services (Pension) Rules, 1982 – Rules 132, 134A, 142; constitutional law – Article 14, 21

2. Legal Framework

Major laws and provisions involved

• Maharashtra Civil Services (Revised Pay) Rules, 2009 – Clause 15.6 of Circular dated 29.04.2009 (undertaking for refund of excess payment)

• Maharashtra Civil Services (Revised Pay) Rules, 2019 – Rule 6(2) and Circular dated 20.02.2019, Clause 14.6 (undertaking)

• Maharashtra Civil Services (Pension) Rules, 1982 – Rule 132 (government dues), Rule 134A (recovery of excess amount from pension), Rule 142(2) (adjustment of dues from death gratuity)

Key legal principles applied

Statutory undertaking binds the employee: When an employee gives an undertaking under statutory rules (while opting for revised pay scale) that any excess payment will be refunded, the employee is bound by that undertaking. Recovery of excess payment from retirement benefits or death gratuity is permissible, even from Class III/IV employees, if there is a statutory undertaking.

Distinction from Rafiq Masih propositions: The five situations listed in Rafiq Masih where recovery is impermissible (including from Class III/IV employees and from retired employees) do not apply where a statutory undertaking has been given. Jagdev Singh (2016) held that once an undertaking is given, the employee is bound.

Recovery from death gratuity is specifically provided under Rule 142(2): Rule 142(2) of the MCS (Pension) Rules, 1982 provides that the Head of Office shall, within one month of death of a government servant, assess the government dues payable by the deceased and have them adjusted from the death gratui

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