Central Administrative Tribunal - Mumbai
Nitin Chandrashekhar Moharil And Anr vs M/O Power on 8 January, 2026
1 OA No.196/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, CAMP AT NAGPUR.
ORIGINAL APPLICATION No.196/2022
Dated this Thursday the 08th January, 2026
CORAM: Hon'ble Mr. Shri Krishna, Member (A)
Hon'ble Shri Umesh Gajankush, Member (J)
1. Nitin Chandrashekhar Moharil,
Age 60 years, retired as Director, NPTI,
Nagpur, R/o. 68, Surendra Nagar,
Nagpur - 440 015.
Mobile No.9890880195
Email:[email protected]
2. Sanjay Vasantrao Malpe,
Age 61 years, retired as Principal Director,
NPTI, R/o. 202, Silver Meadows Apt.,
Navnath Society, Somalwada,
Nagpur - 440 005. ... Applicants
( By Advocate Shri B. Lahiri)
VERSUS
1. Union of India through
The Secretary, Ministry of Power,
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b,
Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4,
CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
Date: 2026.01.09 16:00:45+05'30'
Foxit PDF Reader Version: 2024.4.0
Shram Shakti Bhawan,
Rafi Marg, New Delhi - 110 001.
2. National Power Training Institute,
Through the Director General,
NPTI Complex, Sector 33,
Faridabad - 121 003 (Haryana)
3. The Director (Fin. & Admin.),
National Power Training Institute,
NPTI Complex, Sector 33,
Faridabad - 121 003 (Haryana)
2 OA No.196/2022
4. Chief Controller of Accounts,
Principal Accounts Office, Ministry
Of Power, Shram Shakti Bhawan,
Rafi Marg, New Delhi - 110 001. ... Respondents
(By Advocate Shri P.H. Khobragade)
Order reserved on : 17.10.2025
Order pronounced on: 08.01.2026
ORDER
Per: Mr. Shri Krishna, Member (A)
The applicants have filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:
"(a) Quash and set aside the impugned Office Order dated 25.07.2019 (Annx.A1) & 29.07.2019 (Annx.A1a) and in the same order direct the respondents to restore the order of placement in the functional grade of Rs.14300-400-18300 (revised to Rs.37400-67000 + GP 8700 from the date of taking over the charge of Director by the applicants granted vide Office Order dated 11.04.2014 in respect of applicant No.1 (Annx.A8) and Office Order dated 25.07.2013 in respect of applicant No.2 (Annx.A9) along with all consequential Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 benefits.
(b)Direct respondent No.2 to refund the recovered amount of Rs.5,61,828/- and Rs.8,11,925/- respectively from the retirement gratuity of applicants along with 12% interest.
(c)Grant any other relief deemed fit and proper in the facts and circumstances of the case including costs.
2. Brief facts of the case as stated by the applicants are that they have joined National Power 3 OA No.196/2022 Training Institute (NPTI) as Assistant Director in February, 1990 and April 1988 respectively. Both the applicants were promoted to the post of Deputy Director in February, 2001 and November, 1993 respectively. The applicants were granted financial upgradation under MACP Scheme in the pay band of Rs.15600-39100 + GP of Rs.7600/- w.e.f. 15.02.2011 and 01.10.2012 respectively. The applicants were promoted to the post of Director (Tech./Faculty) in the pay band of Rs.15600-39100 with Grade Pay of Rs.7600/- vide an office order dated 06.08.2013 and 10.01.2013 respectively (Annexure A5). In exercise of powers conferred by Clause 5 of Part III (Delegation of Powers) of Memorandum of Understanding between the Ministry of Power and NPTI, the competent authority accorded approval for grant of functional grade of Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 Rs.14300-400-18300 to all the Directors of NPTI who have been promoted to the said grade against regular vacancies (sanctioned posts) after observing the prescribed selection procedure from the date of completion of 13 years of regular service in Group 'A' (Annexure A6). The Office order dated 30.03.2002 was 4 OA No.196/2022 further ratified by the Secretary, Ministry of Power, Government of India in the capacity of Chairman, Governing Council, NPTI in its 13th Meeting held on 31.05.2002. The minutes of which were issued by the respondent No.1 vide letter dated 04.07.2002 (Annexure A-7).
2.1 In pursuance of the order dated 30.03.2002 taken by the Governing Council, the applicants were placed in the functional grade of Rs.14300-400-18300 (revised to Rs.37400-67000 + GP of Rs.8700) from the date of their taking over the charge of Director (Annexure A-8) and (Annexure A-9). The respondent No.2 issued a seniority list as updated upto 31.08.2018 in respect of Directors in pay band of Rs.37400-67000 + GP 8700 vide an office memorandum dated 30.05.2018 (Annexure A10).Digitally signed by Milan Jackson Alphanso
Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 2.2 It is the case of the applicants that vide impugned order dated 25.07.2019 (Annexure A-1), the respondent No.2 has withdrawn the office order dated 30.03.2002 (Annexure A-6) granting higher grade pay of functional grade to the Directors of NPTI at the behest of Chief Controller of Accounts, Principal Accounts 5 OA No.196/2022 Office, Ministry of Power and directed re-fixation of pay of those Directors who have been granted higher grade pay. In pursuance of the office order dated 25.07.2019, the respondent No.3 has issued office order dated 29.07.2019 (Annexure A1a) re-fixing/reducing the pay of the applicants. It has been submitted that neither any show cause notice was issued to the applicants nor any opportunity of hearing was afforded to them prior to withdrawing the functional benefits granted to them more than 5 years back. 2.3 The applicant No.1 has retired from service on 14.02.2020 by taking VRS and the applicant No.2 has retired from service on superannuation on 31.07.2020.
While passing the terminal benefits of applicants, an amount of Rs.5,61,828/- from the retirement gratuity of applicant No.1 and Rs.8,11,925/- from the retirement Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 gratuity of applicant No.2 has been recovered on account of excess payment inspite of the fact that the respondent No.1 has asked the NPTI management to keep the impugned order in abeyance vide letter dated 21.08.2019 (Annexure A-12).6 OA No.196/2022
2.4 The applicants made representations to respondent No.2 stating that the competent authority accorded approval for grant of functional grade to all the Directors of NPTI, who have been promoted to the said grade against regular vacancies after observing the prescribed selection procedure from the date of completion of 13 years of regular service in Group 'A'.
Therefore, the impugned order dated 25.07.2019 withdrawing the higher grade pay to the Directors without taking approval of the Governing council is illegal and unwarranted. It has been submitted that the applicants have been singled out while the other similarly placed employees have not been touched. 2.5 It has been submitted that the recovery from the gratuity is against the DoPT OM dated 02.03.2016. In response to the representations of the applicants, Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 the respondent No.2 vide impugned communication dated 17.03.2021 and 29.04.2021 (Annexure A-2) informed the applicants that on the objection raised by the Audit, the functional grade granted to the Directors was withdrawn by the office order dated 25.07.2019 and the pay of the applicants was re-fixed accordingly, 7 OA No.196/2022 ignoring the fact that in the same order, the direction to withdraw the functional grade to Directors was kept in abeyance by the Ministry of Power and final decision in the matter was still awaited. Therefore, the applicants have filed this OA.
3. After issuance of notice, the respondents have filed their reply and contested the OA. It has been submitted that the National Power Training Institute (NPTI) is a National Apex Body under Ministry of Power, Government of India for training in the power sector established vide Gazette of India July 3, 1993. The affairs of the management of NPTI are managed and controlled through its Governing Council under the Chairmanship of Secretary, Ministry of Power. NPTI has 11 training Institutes located at Corporate Office, Faridabad (Haryana), Badarpur(New Delhi), Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 Nangal(Punjab), Neyveli (Tamil Nadu), Bengaluru (Karnataka), Durgapur(West Bengal), Guwahati (Assam), Nagpur (Maharashtra), Alappuzha (Kerala)and Shivpuri(Madhya Pradesh). National Power Training Institute follows Central Government rules mutatis- mutandis so far as service matters are concerned. 8 OA No.196/2022 3.1 It has been submitted that the applicants were promoted to the grade of Director (T/F) w.e.f. 07.08.2013 and 11.01.2013 respectively in the pay band of Rs.15600-39100 with Grade Pay of Rs.7600 vide office order dated 06.08.2013 and 10.01.2013 respectively Annexure R/1 and R/2. On the basis of undertaking submitted by the applicants, they were provisionally placed in the functional grade of Rs.14300-18300 with grade pay of Rs.8700 from the same date of their taking over the charge of Director vide office orders dated 11.04.2014 and 25.07.2013 respectively (Annexure R/3 and R/4). Even pending approval of the Ministry of Power, an office order dated 30.03.2002 (Annexure R/5) was issued which stipulates that "in exercise of the powers, conferred by Clause 5 of Part-III (Delegation of Powers) of Memorandum of Understanding between Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 Ministry of Power and National Power Training Institute for the year 2001-2002, the Competent Authority (Director General, NPTI) accorded the approval to the grant of functional grade of Rs.14300-400-18300 to all the Directors of NPTI who were promoted functionally to the grade against regular vacancies (sanctioned 9 OA No.196/2022 posts) after observing the prescribed selection procedures, notionally from 01.01.1996 or from the date of completion of 13 years of regular service in Group 'A' or the actual date of promotion as Director, whichever is latest and actually from the date of issue of these orders. No arrears on this account will be payable.
3.2 It has been submitted that the matter for grant of functional grade to the Directors of NPTI was placed before the Standing Committee of the Governing Council, NPTI in its meeting held on 17.05.2002. The committee decided to examine the matter in the Ministry of Power in consultation with Internal Finance Department (IFD) before its submission to the Governing Council in its ensuing meeting scheduled to be held on 31.05.2002. The matter was placed before the Governing Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 Council, NPTI in its meeting held on 31.05.2002. The Governing Council ratified the minutes of the Standing Committee of Governing Council of NPTI with the comments that "In view of the detailed justification provided by the Director General, NPTI, the Governing Council ratified the orders issued by DG, NPTI in this 10 OA No.196/2022 regard, after getting the same examined in the Ministry of Power.
3.3 It has been submitted that examination of matter by Ministry of Power was not done whereas the Governing Council had given clear direction that the matter should be examined by Ministry of Power before implementation. In view of pending examination by Ministry of power, Dr N.S. Saxena, the then Director General, NPTI wrote DO letter to Shri Devender Singh, Joint Secretary (T&R), Ministry of Power dated 12.03.2008 (Annexure R/6) with the request to get it examined in Ministry and to convey approval of Competent Authority for grant of functional grade of Rs.14300-18300 to the newly promoted Directors of NPTI.
In response of DO letter dated 12.03.2008, Ministry of Power, vide letter dated 23.09.2008 clarified the Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 following:
"The proposal for grant of functional scale of Rs.14300-18300 has again been examined and it has been observed that the DoPT's OM No.22/1/2000-CRD dated 06.06.2000 and dated 20.12.2000 based on the recommendation of the 5th Pay Commission was only for the organized Group 'A' Engineering Services. As the CPES is an organized Group 'A' Engineering Service, the functional grade scale of Rs.14300-18300 11 OA No.196/2022 can be granted to the eligible officers of CEA. Since the officers of NPTI do not belong to any organized Group 'A' Engineering Services, provision of OM as mentioned above may not be applicable to them."
It has been further submitted that in the above said letter, it was clearly indicated that functional scale of Rs. 14300-18300 is not applicable for officers of NPTI as they do not belong to any organized Group 'A' Engineering Services. As a whole, Ministry of Power has never given approval for grant of functional grade to the newly promoted Directors.
3.4 It has been submitted that in spite of pending approval of Ministry of Power and objections raised by Audit Party from Chief Controller of Accounts, Ministry of Power and Principal Director of Commercial Audit, New Delhi, the newly promoted Directors of NPTI Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 including both the applicants requested NPTI to place them in higher grade pay and submitted an self- explanatory undertaking that in the event of withdrawal of higher grade pay, they will refund the excess amount.12 OA No.196/2022
3.5 It has been submitted that on the basis of undertaking, the newly promoted Directors along with applicants were placed provisionally in functional grade pay Rs.14300-18300 (revised to Rs. 37400-67000 + GP Rs.8700). The content of the undertaking submitted by new promoted Directors along with applicants is as below:
"I, Shri_________ hereby undertake to accept the scale of Rs.14300-18300 (pre- revised) for the post of Director with effect from the date of my taking over the charge of Director subject to the condition that I will have no objection if there is any recovery later due to withdrawal of the same."
The copies of undertaking submitted by applicants are enclosed as Annexure R/8 & R/9.
3.6 It has been submitted that Internal Audit Party from Chief Controller of Accounts, Ministry of Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 Power audited the accounts of NPTI Corporate Office, Faridabad for the years 2010-11 and 2011-12 and raised an audit Para (No.13) for granting higher grade pay irregularly to the Directors G25014/CA-Power/IAW/2012- 13/355 dated 06.12.2012 (Annexure R/10). NPTI submitted reply justifying grant of higher grade pay 13 OA No.196/2022 vide letter No. NPTI/HQ/Audit/34/2011/6299 dated 25.10.2011 (Annexure R/11). However, the audit para remained unsettled. The same audit para was also raised by Principal Director of Commercial Audit, New Delhi, during the year 2010-11 and again intimated to NPTI vide letter dated 05.04.2019 for non-settlement of audit para. Reply to Principal Director of Commercial Audit, New Delhi was also sent vide letter No. NPTI/HQ/Acctts/16/T.Audit/2018-19/806 dated 24.6.2019 (Annexure R/12). Since NPTI had no further comments to offer, the Office Order dated 28/30.3.2002 for granting higher grade pay to Directors was withdrawn vide Office Order No.26/31/Admn./NPTI/HQ/3449-64 dated 25.07.2019 (Annexure R/13). Accordingly, pay of the Directors/Principal Directors (those who have been granted higher grade pay) was fixed in the lower pay Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 scale/grade pay and made it effective from the month of August-2019.
3.7 It has been submitted that Chief Controller of Accounts, Ministry of Power vide letter No.G-
25014/CCA/P/IAW/NPTI/IAR/2019-2020/94(A) dated 17.12.2019 (Annexure R/14) clarified that NPTI Office 14 OA No.196/2022 Order No.26/31/Admn./NPTI/HQ/3449-64 dated 25.7.2019 regarding withdrawn of higher grade pay of Rs.14300- 18300 (functional grade) to Directors of NPTI granted earlier is in order. The higher pay scale granted to these officers was against the Rules. Secondly, there is no concern to recover the overpayment as a result of granted of higher pay scale from these retired/serving officers as they have submitted their written option. The provision contained in DOPT OM No.22/1/2000-CRD dated 06.06.2020, dated 20.12.2000 and dated 29.12.2010 have been made applicable to the officers of NPTI while the officers of NPTI have not come under organized Group-A Engineering Service. These Pay scales (Grade Pay) are applicable to organized Group 'A' Engineering Services and have been made applicable to the official of NPTI without Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 obtaining approval of Competent Authority resulting overpayment of salary and allowances to the Directors. 3.8 It has been submitted that in order to settle the long-pending audit para, a decision was required to be taken to withdraw the grant of higher grade pay to the Directors vide Office Order dated 25.7.2019. 15 OA No.196/2022
The pay of the existing Principal Directors/Directors was refixed in the lower pay scale/grade pay and makes it effective from August-2019. The excess amount paid to the retired Principal Directors/Directors was also withheld from their Gratuity as detailed hereunder:
i. Shri R.K. Sharma, Ex. Principal Director Rs.11.12 lakhs II. Shri GirirajKishor, Ex. Principal Director Rs.13.80 lakhs iii. Shri S.V. Malpe, Ex. Principal Director Rs.8.12 lakhs Iv. Shri N.C. Moharil, Ex. Director Rs.5.61 lakhs v. Shri Ravinder Singh, Ex-Principal Director Rs. 11.65 lakhs vi. Shri V.K. Sinha, Ex-Director Rs.20.00 lakhs 3.9 It has been submitted that the submission of the applicants that the office order dated 30.03.2002 was ratified by the Secretary, Ministry of Power, in the capacity of Chairman, Governing Council, NPTI is Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 not correct. As submitted in the foregoing paras that the Governing Council ratified the minutes of the Standing Committee of Governing Council of NPTI with the comments that "In view of the detailed justification provided by the Director General, NPTI, the Governing Council ratified the orders issued by 16 OA No.196/2022 DG, NPTI in this regard, after getting the same examined in the Ministry of Power. It is understood that examination of matter by Ministry of Power was not done whereas the Governing Council had given clear direction that the matter should be examined by Ministry of Power before implementation. 3.10 It has been submitted that the submission of the applicant that the respondents have singled out the applicants and one of his colleague in this matter whereas similarly placed other employees have not been touched is totally baseless. It is submitted that as already explained in foregoing paragraphs, Office Order dated 25.07.2019 has been made applicable in respect of all the Directors/Principal Directors who were provisionally placed in higher grade pay of Rs.
14300-400-18300 since 30.03.2002 and not the Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 petitioners alone.
3.11 It has been submitted that on the basis of the Office Order dated 25.07.2019, the pay of the Directors/Principal Directors were re-fixed but no recovery has been initiated as the matter of recovery is under examination in Ministry of Power in 17 OA No.196/2022 consultation with Ministry of Finance. In compliance to the office order dated 25.07.2019, the pay of applicant was re-fixed. This is incorrect that the direction of the Ministry of Power for keeping the matter in abeyance was ignored as the direction of the Ministry was received after the re-fixation of the serving officers who were granted functional grade.
The amount of recovery was calculated and the same was withheld on the basis of the undertaking submitted by the applicant. The matter of recovery of excess payment is under examination in the Ministry of Power in consultation with Ministry of Finance.
4. The applicants have not filed any rejoinder to the reply submitted by the respondents.
5. During the arguments, learned counsel for the applicants Shri Lahiri advanced the same arguments Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 which have been raised in the OA. In addition to the same, he has placed reliance on the following judicial pronouncements:
(i) Shyam Babu Verma & Ors. Vs. Union of India & Ors., 1994(2) SC 99
(ii)Association of College and University 18 OA No.196/2022 Superannuated Teachers (Maharashtra) vs. The State of Maharashtra through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai and Ors., Hon'ble High Court of Judicature at Bombay, Bench at Aurangabad, Writ Petition No.9054/2010 decided on 22.08.2011.
(iii)Padmakar Panjabrao Maskey Vs. The Chief Executive Officer, Zilla Parishad, Wardha and Ors., Hon'ble High Court of Judicature at Bombay, Nagpur Bench, Nagpur, Writ Petition No.4882/2012 decided on 12.12.2012.
(iv) Rahul Singh Vs. Border Security Force and Another, Hon'ble High Court of Delhi at New Delhi, Writ Petition (C)1656/2020 & CM Appl. 5785/2020 decided on 06.03.2025.
Digitally signed by Milan Jackson AlphansoMilan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0
6. On the other hand, learned counsel for the respondents Shri P.H. Khobragade vehemently opposed the grant of relief and justified the impugned order. It was submitted that the applicants have given undertaking at the time of their promotion that if in future it is found that any excess payment has been 19 OA No.196/2022 made to them, it will be recovered from them. Since the applicants are Group 'A' officers and were holding the post of Director and knowingly given the undertaking, they are estopped from claiming later on that excess payment made to them cannot be recovered. He submitted that the judgment of Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others (2015) 2 SCC (L&S) 33 relied upon by the learned counsel for the applicants is not applicable in this case as the applicants themselves have given undertaking. He has placed reliance on the judgment of Hon'ble Supreme Court in the case of High Court of Punjab and Haryana & Ors. Vs. Jagdev Singh, (2016) 14 SCC 267.
7. We have heard learned counsel for both the sides and perused the pleadings and documents filed on Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= record and gone through the various judicial 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 pronouncements relied upon by both the sides.
8. We find that the applicants were placed in the functional grade of Rs.14300-18300/- on the ground that DG, NPTI has made submission to the Governing counsel that the same has been examined in the Ministry of Power. However, it is clear from the submission of the 20 OA No.196/2022 respondents that the matter was not examined by the Ministry of Power and, therefore, in absence of sanction from the Ministry of Power, the Governing Council could not have given the higher functional grade to the applicant.
9. It is also not disputed that the Chief Controller of Accounts, Ministry of Power and Principal Director of Commissioner Audit, New Delhi have raised objection to the grant of higher functional grade to the Directors of NPTI without appropriate approval from the Ministry of Power vide Audit para No.13 for the years 2010-2011 and 2011-2012. The said para was not settled inspite of the reply given by the NPTI.
10. We further find that the applicants themselves have given an undertaking that they will have no objection, if there is any recovery later due to Digitally signed by Milan Jackson Alphanso Milan Jackson DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 withdrawal of the same. Though NPTI is a public undertaking, however, it is under the Ministry of Power and grant of higher financial grade requires approval of the Ministry of Power.
11. It is also not in dispute that the officers of NPTI are not a part of any organized Group 'A' 21 OA No.196/2022 service and, therefore, they could have not been granted the higher pay scale without the approval of the Ministry of Power as the DoPT OMs dated 06.06.2000 and 20.12.2000 are not applicable to the Directors of NPTI as that was in respect of organized Group 'A' Engineering Service.
12. We further find that the Hon'ble Supreme Court in the case of High Court of Punjab and Haryana & Others Vs. Jagdev Singh (supra) has held in para Nos.9, 10 and 11 as under:
"9. The submission of the Respondent, which found favour with the High Court, was that a payment which has been made in excess cannot be recovered from an employee who has retired from the service of the state. This, in our view, will have no application to a situation such as the present where an undertaking was specifically furnished by the officer at the time when his pay was initially revised accepting that any payment found to have been made in excess would be liable to be adjusted. While opting for the benefit of the revised pay scale, the Respondent was clearly on notice of the fact that a future re- fixation or revision may warrant an adjustment of the excess Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso payment, if any, made.
Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 10 In State of Punjab & Ors etc. vs. Rafiq Masih (White Washer) etc. this Court held that while it is not possible to postulate all situations of hardship where payments have mistakenly been made by an employer, in the following situations, a recovery by the employer would be impermissible in law:
"(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. 22 OA No.196/2022
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." (emphasis supplied).
11 The principle enunciated in proposition (ii) above cannot apply to a situation such as in the present case. In the present case, the officer to whom the payment was made in the first instance was clearly placed on notice that any payment found to have been made in excess would be required to be refunded. The officer furnished an undertaking while opting for the revised pay scale. He is bound by the undertaking."
13. However, we find that the matter is already under examination by the Government. Therefore, in case, the matter is decided in favour of the Directors Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= for grant of financial grade with the approval of the 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0 Ministry of Power, the respondents are directed to pay the amount recovered from the applicant/withhold from the retiral dues within a period of two months from the date of such decision.23 OA No.196/2022
14. In view of the above discussion, the Original Application is disposed of in terms of the above order and direction. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma.
Digitally signed by Milan Jackson Alphanso
Milan Jackson
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 16:00:45+05'30' Foxit PDF Reader Version: 2024.4.0