Synopsis

The petitioner, a Class III employee (Senior Clerk) in a Municipal Corporation, superannuated on 31.07.2025. After retirement, the respondents directed recovery of Rs.4,45,731/- on the ground that he had not passed the MS-CIT examination. The petitioner challenged the recovery order, relying on the Government Resolution dated 27.11.2020 which prohibited such recovery, and on the Supreme Court’s judgment in Rafiq Masih (prohibiting recovery from Class III/IV employees in the absence of fraud or misrepresentation). The High Court quashed the recovery orders, holding that the petitioner was a Class III employee, there was no allegation of fraud, and the recovery was barred under the GR. The court directed payment of all retirement benefits with interest at 6% per annum.

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

Coram: Smt. Vibha Kankanwadi and Ajit B. Kadethankar, JJ. (Division Bench)

Date of Judgment: 29th April 2026

Citation: Writ Petition No. 3234 of 2026 (unreported)

Core Law: Service Law – Recovery of excess payment; Principles of Natural Justice; State of Punjab v. Rafiq Masih (White Washer); Government Resolution dated 27.11.2020.

1.Heading of the judgment

High court of judicature at bombay bench at aurangabad

Writ petition no. 3234 of 2026

Siraj farooqui (petitioner) vs. State of maharashtra & ors. (respondents)

Coram: smt. vibha kankanwadi and ajit b. kadethankar, jj. (division bench)

Date: 29th april, 2026

2. Legal framework

Major laws and provisions involved:

• Service law – recovery of excess payments from government employees

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