9.wp.7656-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.7656 OF 2009 Dr.Marutirao Govind Mali. ..Petitioner. Versus The State of Maharashtra and others. ..Respondents. ... Ms.Smita Gaidhani a/w. Mr.Siddheshwar Kalel, Advocates i/b. Ms.Savita M. Yadav, for the Petitioner. Mr.S.N. Patil, AGP, for the Respondent ­ State. ... CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : JANUARY 28, 2010. P.C. 1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. 2. After retirement of the petitioner as a Principal of a College affiliated to Kolhapur University by order dated 31.7.2002 the pension of the petitioner was refixed at Rs.8200/­ per month. However, by order dated 21.11.2003 that earlier order was withdrawn and the petitioner’s pension was 9.wp.7656-09 2 refixed at Rs.6902/­ and direction was also issued for recovery of the excess amount paid to the petitioner. The grievance of the petitioner is that the order of refixing the pension and reducing it and for making recovery dated 21.11.2003 has been made without giving the petitioner a show cause notice and without granting the petitioner an opportunity to put his point of view. 3. We have heard the learned Counsel for the respondent. It is clear that the order dated 21.11.2003 has been made by the respondent in breach of the principles of natural justice. In our opinion, therefore, the following order would meet the ends of justice : :: O R D E R :: [i] Order dated 21.11.2003 impugned in this Petition is set aside. [ii] Within a period of four weeks from today, the petitioner shall make a representation treating the order dated 21.11.2003 as show cause notice. Within a period of four weeks thereafter, the respondent No.4 shall consider that 9.wp.7656-09 3 representation and make appropriate order in accordance with law and giving reasons therefor and communicate it to the petitioner. The remedy that may be available to the petitioner are kept open. [iii] Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)