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Central Administrative Tribunal - Mumbai

Jai Prakash Taneja Crly vs M/O Railways on 13 October, 2023

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i OA No.570/2017

CENTRAL ADMINISTRATIVE TRISUNAL
MUMBAI BENCE, MUMBAT .

ORIGINAL APPLICATION No.570/2017

Nate oF Decision: 13" Osteber, 2025

Me. Narvinder Maur Oberoi, Member (9)
Mr. Shri Rrishna, Member (4)

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Aged - 65 years, Retd Sr. Section
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Engineer. Kurdwadi, Central Railway,
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Division Solapur - 413 001
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(8h) 084. ree Applicant

Through the Secretary to the
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General Manager, Central Railway,

Y.T.-4€00 O01. o ... Respondents

'By Advocate Shri P. Khosla}

. ORDER

Pex: Harvinder Kaur Oberoi, Member (J) ho © tj "wend font ne a Penns mony ¢ x eres 3 oN . ae ao a at x 2 We have head applicant in person and Shri Khosia, Learned counsel for the respondents. az. The present OA was heard at length on August, S053 and the following order was passedi~ Arguments have been heard in part.

2. The present OA has been filed by the applicant who Is a re etlved eniployee of the Railways challenging recovery of Rs.39,182/- from Als pension, on account of leave salary. He submits that firstly the said recovery was done without even issuance of SCN to the applicant. Secondly, the applicant had retired on 31.08.2012 and the recovery was initiated on 06.11.2013 and the said amount has been recovered from the pension salary in installments from March to Sept of the said year He also submits that he had made an application te ihe respondents seeking the TA Bill jor the months of June, July and August of the year 2012 and in response to the said application, oniv fwo months Td has heen released to him. Further it is submitted that because of his insistence for the said TA bill that this recovery has been done, He alse submits that the recovery has been done on the basis of certain audit report and that audit report has been annexed by Aim at page Nos.56 and 37 te the O4, according to which, the leave account of the applicant starting from the year 1987 to 2002 was got auaited, 6 months afier his retirement. He submits that the said audit is in violation of GFR and various ether rules which prescribed audit every three pears and the respondents while auditing in the vear 20/3 could not have gone as far as beyond 1987. He therefore submits that recovery is llegal on all of the above grounds. He also submits that the audit report had came on 19.03.2013 whereas the actual recovery order was issued on 06.11.2015 which is nlore than three years after his retirement which is also against Rules as recovery iy prabibited three years past retirement,

3. Shri P Khosla submits that he has recently been engaged for the respondents and seeks sometime to prepare the matter, He may be ready with the areuments on the next date including the points which have been noted in the order.

é Ate 3 | Od No.S70/2017 4 Renotify on 07.09.2023 as 'Part-Heard'

5. A cepy of this order be supplied to both the parties under signature of Court Officer"

3. -- Todey when the matter was called, we asked the counsel appearing on behalf of the respondents to answer the queries raised by us on the last date, in response Shri Khosla submitted that the applicant had ae iven his undertaking at the time of his retirement as under :

Pension Combined Declaration Forms?, 74, & 9 & 10 (Paras 1007 & 1009 & 1024)

1. Declaration of non-receipt of Pensionary benefits.

ld f hereby declare that I have neither applied not received any ordinary Gratuity and/or DCRG in respect of any portion of the services included in this application and in reaper of the ordinary Gratiaty Pension andor DCRG as claimed herein nor shall I~ submit an application hereafier without quoting a reference to this application and to the orders which may be passed thereon.

2, Pensioner's Authority for recaveries fram Pension and Death-cuan-Gratuity, 3, 2 hereby authorise the Central Railway authorities to recover from omy Pension and DCRG suck cmount ax would become recoverable from me on account of any over payment made ta me or towards and other debits that will be raised against He.

4. Thus, ih was argued that in view of the ae ea, 4 a ais 4a} : ¥ they be dy wa, fed ke aforesaid undertaking, submitted by the applicant 7 G4 Ne 70201 .

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ae fad inst State of Punjab and Ors. kh applicant 8 iy Ww ne a Ack kod MAT ASANS Ratio Masih (White Washer} reported 6 Od No S7O/2017 following situations wherein recoveries from wrarwaiaA ee 2 gee fe 4 te .

amployees would be AIMPSIMLSSLOLS LM Lawin payment has been made for a period in excess = we AL a 5 fe, a4. 3 ss ~ + OL ESVe Vears, Derore LneS orastr of FSecovery 2S iv. Recovery in cases where an employee has wrongfully been reqnired to discharge duties of a higher Dost, | and has been 'paid accordingly, even though he should have rightfully been required to work against an inferior post.

v. In any case, where the Court arrives at the conclusion, the recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far the upon ies Pei dents i respon fm.

the case of an Mowrt a SA he Hon'bie Ap 4 c ar ae hae % Lah ray Xme 3 Sudame Sourt of Punjab and Haryana and others Vs. (2016) 14 sce 267 and High ble 4 i?

OF a States £.

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refiw ay gid 4 Me FO x f Neat W eae font ee Yt fo x h b x ains to ae hey perce ~ recovered be x ;

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No ue cA ted at subm £ So iq Leni ay A discuss:

~ aoove oy 8 OA No.d7Q/2017 3 3 6 we} Thousand One Hundred and Eighty Two} to the applicant within a period of two months from the date of receipt of certified copy of this order. Yt is alse madé clear that in case amount is not refunded within the time aforesaid then the respondents shall be

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63) $3) alongwith interest ©3535 b.a.

Pending MAs, if any, stand closed. No costs.

{Shri Krishna) (Harwspdee Kart Oberoi) Member {A} Member (J} Na.