Central Administrative Tribunal - Jabalpur
Shivanand Pandey vs Union Of India on 13 May, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
ORIGINAL APPLICATION NO. 663 OF 2010
Jabalpur, this the 13th day of May, 2011
HONBLE MR. HRIDAY NARAIN, ADMINISTRATIVE MEMBER
HONBLE DR. K.B.SURESH, JUDICIAL MEMBER
Shivanand Pandey, S/o Late Tung Nath Pandey,
Aged about 61 years, Retd. T.G.T., KV, C.O.D. Jabalpur
R/o Plot No.297, Pawan Bhoomi, Phase-III,
Shakti Nagar, Jabalpur-482001 (M.P.) - Applicant
(By Advocate Applicant in person)
V e r s u s
1. Union of India, Through The Commissioner,
Kendriya Vidyalaya Sangthan 18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi-110602
2. Assistant Commissioner,
Kendriya Vidyalaya Sangthan, Regional Office,
G.C.F., Estate, Jabalpur-482001 (M.P.)
3. Principal
Kendriya Vidyalaya C.O.D.
Jabalpur-482010 (M.P.) - Respondents
(By Advocate Smt.Sheetal Dubey)
O R D E R (Oral)
By Hriday Narain, AM-
Heard the Applicant in person and Smt. Sheetal Dubey learned counsel representing the Respondents.
2. The Applicant has prayed for the following relief:-
5.1. That, the applicant has no role in the matter of pay anomaly fixation or senior scale fixation and grant of increment and thereof.
5.2. That, there is no fault, fraud, misrepresentation on the part of the applicant in this matter.
5.3. That, due to respondents mistake the applicant able to get the pay anomaly relief after 9 years and again they refixed second wrong pay dated 19.03.2007 on the malafide and baseless grounds.
5.4. That, the applicant was neither noticed nor heard in the matter of second wrong fixation and the recovery of Rs.20516/- has been effected arbitrarily. This is violation of the principal of natural justice.
5.5. That, the applicant DNI was shifted from August to January as per option of pay anomaly and stepping up case. One TGT Dr. J.N.Pandey KV, COD is also getting the DNI from January every year.
3. The Applicant had earlier filed OA No.334/2010, which was disposed of by this Tribunal vide its order dated 06.05.2010 (Annexure A-7). In that OA the Applicants only prayer was that recovery of Rs.20,516/- had been made from the Applicant before his retirement on 31.7.2009. The Tribunal had remitted the matter back to the Respondents for reconsideration. Thereafter, the Respondents have passed an order Annexure A-8 dated 5/6.7.2010 in which the stand of the Respondents is that the recovery had been properly made.
4. Having heard rival parties and after perusal of the materials available on record we are of the view that the recovery of Rs.20,516/- was not justified in view of the fact that there was no role of the Applicant in the excess payment, if any, made to him. The Applicant has already retired.
5. We, therefore, direct the Respondents to refund the amount of Rs.20,516/- to the Applicant within a period of 60 days from the receipt of this order.
6. It is made clear that we are not inclined to grant any other relief to the Applicant, as the present OA could be confined only to the recovery amount of Rs.20,516/- for which the Applicant had earlier come up before this Tribunal.
7. The OA is thus allowed only to the extent indicated above. No order as to costs.
(Dr. K.B.Suresh) (Hriday Narain) Judicial Member Administrative Member rkv