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Supreme Court of India 2020-02-27 partly_allowed

SHRI MARUTI TUKARAM BAGAWE vs THE STATE OF MAHARASHTRA

Bench: 2 — Ashok Bhushan, Mohan M. Shantanagoudar

In Brief

This case involved Government employees (Junior Clerks) of Maharashtra who were granted the pay-scale of Deputy Accountant under a 2004 Government Resolution, subsequently withdrawn in 2008. The employees undertook to refund benefits if the High Court approved the withdrawal. The Tribunal upheld the withdrawal; the High Court partly allowed their challenge, directing recovery only from 11.09.2008 onwards. The Supreme Court modified this, holding that since the High Court's 2009 order protected benefits until the Tribunal decided (which happened on 04.12.2014), recovery could begin only after that date, not from the withdrawal date. The appeal was partly allowed, restricting the recovery period.

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