Central Administrative Tribunal - Gauhati
Temjeintiba vs M/O Information And Broadcasting on 12 July, 2018
: j i CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No.044/00125/2017 _ Date of Order: This, the 12" Day of July, 2018. ] . r THE HON'BLE SMT. MANJULA DAS, JUDICIAL MEMBER i - : 1, TEMJENTIBA,~ so S/o M.suksem, presently serving as General Announcer, All India Radio, Kohima. ! 2, N. KAIMANG CHANG, if S/o Late Nuchi Chang, # : presently serving as Asstt. Director (P), | - All India Radio, Kohima. t 3, AOLEMLA YADEN a D/o N.I. Jamir, - : presently serving.as Asstt, Director (P), : q ; . : ee | | | All India Radio, Kohima. ee : 4. L.K. MULONY, cP . = + ' S/o _L. Kaiso, 'a | ' cE. ! presently serving as Programme Executive, ia | All India Radio, Kohima. He 1 I ° aw | | : 5. VEMUCHO CHU2HO, in | H ---- ee | ' : oe | Ere. | | Ie a I ES | a 1 i a aN | e i - S/o Late Zuchonyt Chuzho, Presently serving as Programme Executive, All India Radio, Kohima. 6. PAOQDOU HENGINA, S/o Late Chalseh Hengna, presently serving as Programme Executive,, All India Radio, Kohima. 7. BENRI EZEUNG, S/o Nlumo Ezung, presently serving as Programme Executive,, All India Radio, Kohima, _ 8. AKANI SEMA, D/o Heito Sema, presently serving as Programme Executive,, All India Radio, Kohima. 9. KEKHRUSEYI ROSETSO, S/o Punuru Rosetso presently servind'as Pragramme Executive,, All india Radio, Kohima, | 10. KEDALO TEP, S/o Keshebu Tep, presently serving as. Programme Executive,, i ---- VR Ty All India Radio, Kohima. 11. LHOULIEBEIO KHEZHIE S/o Pelevilie Khezhie presently serving asProgramme Executive,, All India Radio, Kohima. 12, HABEMO NGULLIE, a ; S/o Late Zurewthung Naullie, presently serving as Programme Executive,, All India Radio, Kohima, 13. R. TEMSULA YIMCHUNGER, D/o Late W. Ramji, presently serving as Programme Executive,, All India Radio, Kohima. 14. M. LEMJAN PHOM -D/o Manngot Phom, =e - presently serving as Programme Executive, All India Radio, Kohima. 15, KEWEKOLO-U RITSE, D/o Lhitsolo Ritse, ' . . = . presently serving as Programme Executive, All India Radio, Kohima. 16. RACHEL SHIMRAY te te ee ARENA her Brae eos rere Lye eee rie ¢ Pe ead D/o Late Somomon Shimray, i " presently serving as Programme Executive, mins pt = sete ws SS All India Radio, Kohima. t ae 17. KEKUYILE ZELIANG, if ¢ D/o_ K. Zeliang, i presently serving as Programme Executive, St = ate cae Ere! All India Radio, Kohima. 18, KAITHOI ZELIANG= S/o Late Gilia Zeliang, as: eee : oy See aeeel sant pe eet lyre EET presently serving as Programme Executive,, oan All india Radio, Kohima. 19, NENGSHI KIPGEN, D/o Late L. Kipgen, presently serving as Library Information Asstt, All India Radio, Kohima. 20. JACOB KIKON, S/o Late A. Lotha, presently serving as General Announcer, All India Radio, Kohima. 21. JOSEPH THOMAS, -- S/o Late Thomas Varkey, presently serving as Multi Task Staff, a Soe, All India Radio, Kohima. 22. KEZHALEZO SUHU, __. S/o Late Kouhie Suhu, presently serving as Multi Task Staff, __ All India Radio, Kohima, "~ 23, NEILELIE ZUTSO, S/o Neizasa Zutso, presently serving as Multi Task Staff, All India Radio, Kohima. 24, ADEO CHUZHO,. S/o Kamucho Chuzho, . presently serving as Multi Task Staff, All India Radio, Kohima. 25, KEVILEZO, S/o Viyleru, presently serving as Multiefask Staff, All India Radio, Kohima. 26. VEPOSHEYT, S/o Pururu Chzho, presently serving as Multi Task Staff, All India Radio, Kohima. 27. MEDO KEDITSU, -- Sart ree . Say" hi een bbe A FSSA Led aca OTC LE TAT EE CT T Pia teers rina erat ERO a tage iat Paget Bre pine eee 7. S/o Namo-o Keditsu, presently serving as Multi Task Staff, i All India Radio, Kohima. --_ 28. DIELIEVI , S/o Pungosa Sachu presently serving as Security Guard, All India Radio, Kohima. 29, THEPFURUKO, - S/o Late Krohol Valeo, presently serving as Security Guard, All India Radio, Kohima. te seal 30. VILAKHONU, S/o Shri Kehokhrul, presently serving as MultTask Staff,, ~~ All India Radio;RKohima. 31. LHOUVIETOUU, D/o Hutuo Zhele, presently serving as Multi Task Staff, All India Radio, Kohima. 32, RUYOTSOLU, D/o Khuhuyo presently serving as Multi Task Staff, -- --_-- PET PRT ETE SP eee ts ee A yrs ae thet adh / ee ee o The reathre patch 7m ree wee EP aC aca tote ee ees All India Radio, Kohima. 33 . KEYEEKHRIE - K.K. ANGAMI S/o Lhouvikhétle Krukvi, presently serving as Security Guard, All India Radio, Kohima. 34. S, DIKHO KAYINA, _ S/o Sibo, | presently serving as Security Guard, All India Radio, Kohima. 35. DIKHOO ANGAMI, S/o Pfuchousa, -- -- presently serving as Security Guard, All India Radio, Kohima. 36, RUOPFUSELHQU, . D/o Zic-U, presently serving as Multt Task Staff, All India Radio, Kohima, 37. TALI KABA, S/o Late Bendangangnen, presently serving as Technician, All India Radio, Kohima, 38. L., INAOMACHA SINGH atm ------ Spee = a -- S/o L. Thoiba Singh, presently serving as Engineering Assistant, All India Radio, Kohima. 39, BENDANGTOBA S/o Anokwaba, presently serving as D. Tech ~All India Radio, Kohima. 40. KAILASH MECH S/o Tuleswar Mech presently serving a D. Tech All India Radio, Kohima. 41. AKHUMBA S/o Kiutoba, presently serving as D.E.D All India Radio, Kohima a 42. MOATEMSU JAMIR S/o T. Mar Jamir, -- ~ presently serving as Technician, All India Radio, Kohima 43. N. ATHONG TEP on S/o N. Nakjha Tep,_ presently serving as D,E.D at All India Radio, Kohima. 44. TEMSUTOSHTJAMIR = . Sfo Puna Jamir, : presently serving as Technician, All India Radio, Kohima. - | | 45. A.BESO, S/o NA. Beso, presently serving a Sr. Engineering Assistant, AllIndia Radio, Kohima, OH HOPSON, oe S/o Late Khweloru, resently serving as DED, All india Radia, Kohima. - "47. NITA RHAWAS Dio B. Khawas, "presently serving as Te nal All India Radio, Koht Bs 48, NOKHWEL ANGAMI, S/o Late Hokeduers All India Radio, Kab! 49, PURON CHETRI WH \ \" $4 CL. ADANT, 10 SNES S/o. Late T.B, Chet presently serving as Upper Division Clerk, All India Radio, Kohima. 50, SHUMBENTHUNG Sio Shentic Patton, 'presently serving ag Lower Division Clerk, _ All India Radio, Kohima. Si RUKUNGU-U_KAPFO Dfo Late Kewemeso Kapfo, presently serving as Lower Division Clerk, All India Radio, Kohima. oe 52, HAQTINMANG HANGSING S/o AH. Hangsing, presently servings Lower Division Clerk, All India Radia, Kohima. 53. SODINO YOHO Bio Late Ravizo Yoho, presently serving as Lower Division Clerk, All India Radio, Kohima, Sfo Ch. Lorho, presently serving as Lower Division Clerk i AllIndia Radio, Kohima, 'S5. P. CHARANI, Dio A. Punt, presently serving as Hine Typist, All India Radio, Kohima, 56, LOASHIPHRO, Dio Lok presently serving as. Lower Division Clerk, Ail India Radio, Kohima. 57. i, CHUBA JAMIR S/o Y. Lanu Jamie, presently serving as Investigator, aE ® All India Radio, Kohima. 58. IMTINARO, | | D/o L. B. Kuki, presently serving as wie Avinouncer All India Radio, Kohima. | 59, N, ZELIANG : Dyo Late S. Zeliang, presently serving as: Lower Division Clerk, All India Radio, Kohima. 60. TIATULA D/o Late Sakutemsu; presently serving as Lower Division Clerk, "All India Radio, Kohima. 61. VIZO ANGAMI 'S/o Late Zachou, : presently serving as Upper Civision Clerk, All India Radio, Kohima. 62. SMT, ROVININO D/o Late Lazoto Valle | presently serving es Lower Division Clerk, All India Radio, Kohjima. 63. ASENO , Dio. Late Puhosul Vitsu, presently serving as Lower Division Clerk, All India Radio, Kohima. 64. SME, TE LHOVILI ew, B/o Late Nazuche Shohe, presently serving as Accountant, All India Radio, Kohima. 65, ADAHO CHAPRIE mw. S/o -Pfokha, presently serving as Driver, 'tte 13 -- STS All India Radio, Kohirna, se 66. ELOW, S/o. Kashini, presently serving as Driver, All India Radio, Kohima. Wks 67, HECHONG, Dyo . B Angel. 9 presently serving as General Announcer, All India Radio, Kohima. 68, DES KUMAR CHETRI S/o Dr, Dil Bahadur Chetry, presently serving as Programme Executive, All India Radio, Kohima. 69, ZAKITSO KIKHT ANGAMY, -- S/o Late Pudu RUKH: Senior Executive Assis nt (Retd.}, Al India Radio, Kohima | 70. JONAS. YANTHAN _ S/o Avungo Yanthan, Presently serving as News Reader, All India Radio, Kohima. sx." Coo aaa id S/o Rabinera Nath Mosahary, presently serving as Investigator, | Ail India Radio, Kohima. #2, VIKHOZO TETSO, S/o.. Meclochulle Tatso, -- presently serving as DAer, eee All india Radio, Kohima. | 73, LOKIENYU ANGAME, S/o Tuoselie, Sr. Engineering Asstt. (Rete), All India Radio, Kohima. 743. RONGSENNEKEN S/o Imdangnokeba presently serving 26 St Technician, All India Radio, Kohima. 75, ABING LASUH, Dio L. Lasuh. , "ks a presently serving as Programme Executive, SAR: : All India Radio, Mokokchung, Nagaland. 76, CHUMDEMO KIKQN, S/o. Motsus Lotha resently serving as Programme Executive, SRR 15 All India Radio, Mokokchang, Nagaland. 77. TEMSUTOSHE, S/o. Late Takulemba, . presently serving as Technician, | All India Radio, Mokokchung, Nagaland, 78. P. TIAKALA, 7 B/a Purnungsang, "Presently serving as Announcer All India Radio, Mokokchung, Nagaland. 79, IMKOMKUMZUK, Silo Watitemsu AO, presently serving as Security 'Guard, All India Radio, Mokokchung, Nagaland. 80. IMLINUNGSANG, 2 Si6 Tefotemien,, - nfesently serving as Peon, : -- All India Radio, Mokokchung, Nagaland. 1, SENTITONGZUK, S/o Late Temjen Bomok,. ae presently serving ag Mo All India Radio, Mokokchung, f 82, ARUN KUMAR SHARMA, aes eases 1S. . ARS S/o Late Kokngang Sharma, presently serving as Upper Divisian Clerk, All India Radio, Mokokchung, Nagaland. 83. ANIL RUMAR, S/o. Sirendra Nath Singh, presently serving as Lower Division Clerk, _ All India Radié® Mokokehung, Nagaland. 84. PURTEMSU, S/o A, Imi Ao, presently serving as Diesel Technician, All India Radio, Mokakchung, Nagaland. BS. JOGOT BORA, =e S/o Moti Rarn Borah, presently serving as Sr. Technician, __ All India Radio, Mokokchungs Nagaland, 86, EK. HOUNGAM, | S/o. K. Dinshi, presenuy servigg as Sr. Engineering Asstt., All India Radio, Mokakchung, Nagaland. 87 CHUBA YANGER, . "S/o. Ali Zungba » presently serving as Security Guard, SMR All India Radio; Mokokchung, Nagatand. OBBOLYASHIMEREN mmm S/o Imkong Yabang, : presently serving as Technician, APL, Doordarshan, Mokokchung, Nagaland, 89. TAKOSENER, S/o Mangmusoaba, presently serving as Technician, HPT, Doordarshan, Mokokchung, Nagaland. 90. IMLIWATI, S/o. Mayangshil presently serving as Helper, H.P.T. Doordarshan, s okokchung, Nagaland, Sa 91, I. TONGPANG AO, ~~ S/o Imicongmear, presently serving as Technician, H.P.T. Doordarshan, Mokokchung, Nagaland. 92. TEMJENMONGBA, Sfo. Bandangsaspes. Presently working as Technician, All India Radio, CRS, Tuensang, Nagaland. 93. N. MAKHEMONG, LLL LLL Lene EE 18 S/o NO NOKTUBA GHANG, Presently working as. Technician, All India Radio, CRS, Tuensang, Nagaland. 94. HUNILE SEMY, D/o Selezo Serny, Presently workine ais Technician, AN India Radio, ORS, Tue ae 95. THRONGUISE _SANGTAM, Presently working as Technician, - ae: S/o Mutuba Sangtam, asang, Nagaland, All india Radio, CRS, MonyeNagaland. 96. KEVIZHASELIE, S/o Vingutua, Presently working as Technician, All India Radic, CRS, Mon, Nagaland. 97, LEPSHING KONYAK, Bio Shangnyal, Presently working as Multi Task Staff,, All India. Radin, CRS, Mon, Nagaland. By Advocate: Mr.P Bhowmick "Vi sé sei: Coat Applicants. i, Union of India, represented by the secretary, Ministry of Information, Broad Casting Government of India, A Wing, Shastri Bhawan, New Delhi igdi5. 2. Frasar Sharau, Broad Casting Carporation of India, Represented by the Chief Executive Officer, Parliament Street, New Delhi -LL0001, 3. The Director General, Prasar Bharti, All India Radio, Akash Bani Bhawan, | Parliament Street, New Delhi -110001. 4, The Director, (Administration), Prasar Bart All India Radio, Akash Bani Bhawsn, Parlament Street, New Delhi -110001, 5. The Director Engineering, All India Radi, Kohima, Nagaland, &. The Senior Engineering Assistant, HLP.T.,. Daordarshan, Mokokchung, Naggiand. war Respondents, By Advocate: Ms.G.Sutradhar, Addl C.G.S.C., ORDER (ORAL)
MANIJULA DAS, MEMBER (3):
Since the 97 applicants are claiming similar relief from the same respondents, permission to move this OA was granted under Rule 4(5ya) of the CAT (Procedure) Rules, i987 vide order dated 16.05.2017.
2. By this O.A. the applicants are seeking @ direction to set aside the Order No. Koh. 7(2AC/2455 dated 20.10.2016 issued by the : Director Engineering, Al india Radio, Kohima L.e., the respondent no.5 "ordering recovery 'of the arrear Special Duty Allowance paid to the applicants for the period from 01.10.1997 to 31.08.2008.
3. Respondents have filed their written statement denying the claim of the applicants and justified thelr action of recovery of overpayments and refed on decisions in support of their stand.
rejoinder has been filed by the applicants.
@ main plank of argument of Mr.P.Bhowmick, learned applicants is that applicant were paid 50% of the Special @ due to them for the nériod 01.10.1997 to 31.08.2008 » However, subsequent order of recovery of the arrear Allowance is violative of the decision rendered by the me. Court in the case of tate of Punjab & Others vs (White Washer) & others as reported in 2015 (4) rein it has been interalla held by the Apex Court that not be made by the employer in case of employees lass Il and Class IV service/Group C & D service and also annat be made when the excess payment has been made n-excess of five years before the order of recovery is according to the learned cenrisel recovery in respect of who belong te Group C category, is egal, therefore, n the applicants who belong ta the Group A & B category is s the same is sought fo be made which is In excess of five ERAS 22 recovery in 36: installments was effected frorn the salary of October, 2016, however, this Tribunal had stayed the recovery ull the disposal of this OA vide order dated 16.05.2017.
6, On the other hand, Ms. G. Sutradhar, learned Addl. C.G.S.C. for the respondents reiterated the contentions made in the written statement and submitted that payment of Special Duty Allowance for the period upto 31.08.2008 was made to ineligible employees. after. order dated 30:03.2015 which was later on detected and therefore, the department has the right to recover the excess payment made to the employees mistakenly and the decision of the Hon'ble Supreme Court as relied upen by the learned counsel for the applicants. is not applicable In this case. According te the learned counsel, the applicants have submitted undertakings that in case of any ONCESS paymient that will be recovered subsequently. According to the learned counsel, since the excess payment was made the respondents have rightfully issued the recovery orders. Learned counsel also submitted that though the excess payment is from 01.10,1997 to 31.08.2018 the payment was made on 31.10.2015 which Js within five years, thus the decision relled upon by the learned counsel for the applicants Is not-applicable in this case, WANA SMM So6468 <----
Learned counsel for the app lcants submitted thet this recently faker a decision iA exactly similar matters and 1 decision dated 08.03.2018 passed In OA.OSO/DOL57/2017, LLL OE sel submitted that he wil be satisfied (f similar direction Is iS Case Bisa, Heard learned counsel : for the parties, perused the oleadings and the da cUMENtS 3 annexed | by both the parties, In of Rafig Masih (supra), the H Hon vble Supreme Court has held "LZ Ibis not possi ible to sostulate all situations of hardship, which would govern e 5 On the issue of rece Overy, where payments. hay stakenly been meade by the employer, in excess of entiiement, Ba that as it May, Stred to herein above, we may,
--Surumarise the foflowine | fey hes by the employers, would he Bed siiations, y het ne re impermissibie in law:
.
i) Re f chee Uy Re COvErY FO E =e ween, ng 4 to Cassy ty and Class-TV service for :
Gi) Recovery From) | are. due to retire wit (8) Recove ery. fron Has been Made fore the order of Fecoy AY He; © an employes } has r duties of g higher no "VEN oleh ha work aagiist z Deen pate actor Hghtly been rac WN yy MLL MMM YT H!Z?'ECM@_ ZAZ#@A/ s@iiuzzz i I EOLLLLEELLLLETOOLTOL OES y ow a iB) fe & " WES i z - ' ae can wd Ss 3 5 8 a "Eee BE ay co ~ A OR bon ae BOB Ben ey .
a) *h an a3 ww BEG a ee eee G eien 3 ts, ie eS YO 5 BS Set oy Br gs ace FE "wm % $5 BS Bak T & ah EB Eee a sae ne on ~~ . 3 GE ok 4 = i % ee oo r fe wom ERB 2 ah RAS th ty 43 7 e & § § eS moe ay & ne BRS Gye Rs
2 2 2 & a eu zoEo gig ESS Bo oS A ty aa 6 A aa Te ER og ot ee & al a iq 4 iy ia oe Ww ES te hone ee a) fet, gy mee & 2 oa Os a MG He n = Nee x ome : ty fom, Sey ost fg ee SS am 8 & 43 eo A ey EO & & & BB » ¢ Gh o Ss BS eo Be & ; ' a 4 R a ay Re at Ee SG § 8 £ oO See pee gee eS 03 rane aw Ss ws Ae ty, a al Aes ay 5 i & & ' BES SS ck EB i eg ad gk OXY za eae oad Bee ts ea mC) AS "3 ay t Ee pe oe aS ot Ba eh oe ps wkd 2 ie Ee ia my 15 aon, O re oy ty Py ty SS ie EOS ad & go ow By iu BOS * BS 2 gs en i ee BS Oo S ed 3 SG ay te He a ae ? = Boge Bee ee pee Ss Sy Fy Rett 3 ae a ae) aE = a isn Ba ea ay oy € ae. iad £083 a os wm A pt ES Eset ane . et TG: | 3 a " as 3 ay ft oj we Ey Sofie ies a i;
we, o. wens Gs S '3 = ne Nee are = a 'ia os -- :
a & 8 € a ~ eee § O23 oo G8 ite, 2 8 Bd eh eh a aw ee Be ET Bad aed 3 i ty By sits "ate Es % + " go be ime woe eB * Be, Ey ope % Geo B Ee a ies & th BR ee Bal age BP ay. © Se, % + a isd eo i ates Oe EES OF ay ae Ee My ify Gi th bs vo Re wae ha fy. oe He foe. re raat act i oy "a ar eee Bape k,, Jey 2 rhe. ATA iyo Ws " ae oe & fy if a me ne & Wr ES ig "Ey os 2 Pad wa 2 eee ce 3 = ae ef He Sy fe an Bom 8 2 6 G See ess sbesee , oo B gS -- @ B awe 3 eS "#8 7S sie me a saa 3 fee pe ao ie ie cage EE te igs 5S 8 & B Gx & ga ee ese Be, Bo | ea & Bow o G ams e¥er SB Box et a 3 Bo a = seb oe 8 aes 25 g a Pa, & sy w BS a a hy Bo = ye Eames 2
- Sagpen St z iron a 3 oe ae Ea hy s 4 soe wae 5 ayo go & BB set a", oN te te bg wee pe oe Band te i 'iad Ce kp Sey Sa ee Wy te = 8 eo # Sy SES Bs of B £ Ge. BES.
2 EB OR Bg ed ma) are Group. 'C' employees, cannot be affected, and se applicants will be entitled to refund the amount yorecavered fram their salaries towards alleged excess in so far as the applicants, who beiong to Group 'A' & e concemed, whether recovery could be made or not, d by the Respondents In the light of para 44)& GID of Upon such examination if recovery js found then, the applicants of Group A & B categories will also refund the amount which was already recovered from wards alleged excess payment of SDA.
the circumstances, the Respondents are directed to se of the above stated applicants who are Group A & 'BY pass a speaking order within & period of three months of receipt copy of this order, Copy of the speaking order o the applicants belonging to Group 'A' RB' categories, stands disposed of accordingly. No order as to costs.
O.A. Ti.
_ Beg tw 'SLE MEMBER (} aa aN ER {BB/ en