|Petitioner: Grace George Pampoorickal
Respondents: Municipal Corporation of Gr. Mumbai and Ors.
|Court: Bombay High Court
Date of Order: 20.04.2018
Citation: WP No. 1010 of 2015
FACTS OF THE CASE: In the present matter, the Petitioner was appointed as an Assistant Trained Teacher by the Municipal Corporation in Mumbai in the year 1970. In February 2010 when the Petitioner reached the age of Superannuation, her last drawn salary amounted to Rs. 9200/- (INR).
Thereafter in August 2011, at the time of being handed over the pension book, the Petitioner noticed that her last drawn pay was reduced to a sum of Rs. 7,410/- (INR) considering the fact that such a salary was only made available to a trained graduate teacher. Therefore, in consideration of her qualification, her salary was retrospectively reduced to a sum of Rs. 7,410/- (INR). In this regard, Rs. 1,40,030/- (INR) was ordered to be recovered from her retirement benefits in lieu of the extra payment made available to her against her services.
THE COURT’S ORDER: The Court disallowed this retrospective change in the remuneration o9f the petitioner. The Court in this regard held that, “recovery at the fag end of the career of an employee or after his superannuation is not at all permissible in law.”