UJWALA Vs. DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) Rule. Rule Made Returnable Forthwith. The Writ Petition Is heard finally with the consent of the learned counsel for the parties.

(2.) The Petitioner, Who Is The Widow Of One Shri Rupchand Thakre, has approached this Court challenging the communications dated 08/04/2015 and 16/04/2015 by which the respondents intended to recover certain amounts to which deceased employee was entitled under the provident fund scheme as well as towards gratuity. This recovery is sought to be made on the ground that the pay fixation of said employee had been wrongly done.

(3.) The husband of the petitioner was employed as a Conductor with the respondent No.1Corporation. He expired on 04/06/2014. The petitioner thereafter approached the respondents for receiving various service benefits including the amounts of gratuity and provident fund. On 08/04/2015 the respondent No.2 issued a communication stating therein that the pay fixation that was effected with regard to the salary of the deceased employee was being cancelled and, therefore, it was necessary to recover an amount of Rs.4,32,893/ from the amounts due and payable to the petitioner. By the subsequent communication dated 16/04/2015, the petitioner was informed to approach the concerned authorities and deposit the excess amount of Rs.36,893/, failing which further steps would be taken in the matter. The petitioner has, therefore, impugned the aforesaid communications in the present writ petition.