Orissa High Court
Jyotshnamayee Mishra vs Union Of India And Others ..... Opposite ... on 19 January, 2024
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 42646 of 2023
Jyotshnamayee Mishra ..... Petitioner
Mr. T. Rath, Adv.
Vs.
Union of India and others ..... Opposite Parties
Mr. P.K. Parhi, DSGI
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
19.01.2024 Order No. This matter is taken up by hybrid mode.
02.
2. Heard Mr. T. Rath, learned counsel appearing for the petitioner and Mr. P.K. Parhi, learned Dy. Solicitor General of India.
3. The petitioner has filed this writ petition seeking to quash the order dated 25.11.2022 passed by the Central Administrative Tribunal in O.A.No. 260/00574 of 2020 under Annexure-1 and further seeks direction to the opposite parties to re-fix the revised TRCA of the petitioner w.e.f. 01.01.2006 in the TRCA Slab of Rs.3660-70-5760/- corresponding to pre-revised TRCA slab of Rs.1600-40-2400/- and refund the illegally recovered amount and disburse the arrear from 01.01.2006 till date.
4. Mr. P.K. Parhi, learned Dy. Solicitor General of India contended that the order passed by the tribunal is well justified and, as such, the claim of the petitioner is based on surmises and conjectures in view of the arguments already advanced as per Annexure-A/12. Consequentially, he seeks for dismissal of the writ petition.
5. Having heard learned counsel for the parties and after going through the records, this Court finds that the petitioner was appointed as GDSBPM, Padmadeipur BO under Nayagarh HO on 18.10.1996. The wage structure of GDSBPM working in the department of posts has been revised with effect from 01.01.2006 due to implementation of the recommendation of Sri R.S. Natraja Murti Committee. The decisions of Page 1 of 3 the Government regarding implementation of Sri R.S. Natraja Murti Committee are reflected in the directorate letter dated 09.10.2009. It was instructed in said letter that arrears of TRCA with effect from 01.01.2006 to 30.09.2009 shall be paid in cash in two installments of 40% and 60% spread over the financial year 2009-10 and 2010-11. It was further instructed to fix the TRCA of all GDS with reference to their existing work load, as on 01.01.2006, and cent percent verification of fixation of TRCA shall be carried out by the circle postal accounts office. Obtaining undertakings, as per proforma Annexure-VI, from GDS was pre-requisite for payment of first installment of arrears. As the number of GDSs in erstwhile Puri Divisioin (now Nayagarh Division) is higher, TRCA was fixed in the corresponding stage with effect from 01.01.2006 in the respective TRCA slab and accordingly, arrear was paid after obtaining undertakings from the GDSs. Subsequently, workload statistics were obtained from the Sub-Divisional Head of the GDS and TRCA of the petitioner was fixed by the authority on the basis of the work load as per the instructions contained in Annexure-V of the Directorate, New Delhi letter dated 09.10.2009. Further, fixation of statement and due drawn statement were sent to the Director of Accounts (Postal), Cuttack for cent percent verification of TRCA, as per the instructions of the Directorate, New Delhi. The Director of Accounts (Postal), Cuttack issued instructions to recover the excess paid amounts of TRCA in respect of the cases where over payments were noticed at the time of cent percent verification of TRCA. While verification of the case of the petitioner, the Director of Accounts (Postal), Cuttack ordered to recover Rs.14037/-, which was over paid to the petitioner from 01.01.2006 to 30.09.2009, vide letter dated 21.12.2012. As the TRCA was fixed at Rs.4290/- against Rs.4045/-, over payment of TRCA occurred. Accordingly, it was decided in principle to recover the overpaid TRCA of Rs.14037/- calculated up to 30.09.2009 by the DA (P), Cuttack including subsequent over payment made up to the date of receipt of instruction by the DDO in respect of the petitioner.
Page 2 of 3Accordingly, the DDO, Nayagarh, HO was instructed to recover the amount so calculated from future TRCA. Accordingly, the TRCA of the petitioner was regulated and recovery was started from January, 2013 by the DDO, Nayagarh. As such, the Tribunal adhered to the instructions issued by the authority and held that there was no illegality on the part of the authority for order of recovery and, consequentially dismissed the original application filed by the petitioner.
6. In view of the above submission, this Court does not find any error apparent on the face of record of the impugned order passed by the tribunal so as to warrant interference with the same.
7. Accordingly, the writ petition merits no consideration and the same is hereby dismissed.
(DR. B.R. SARANGI) ACTING CHIEF JUSTICE Ashok (M.S. RAMAN) JUDGE Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: HIGH COURT OF ORISSA Date: 22-Jan-2024 11:18:13 Page 3 of 3