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Per: Justice Sunil Thomas, Judicial Member -

The applicant herein was directly recruited as Traffic Apprentice by the Railway Service Commission in 1984. He was absorbed in the Railways after three years of training with effect from 20.10.1987 in PB- 2 with Grade Pay of Rs. 4,200/- (Level-6). He was promoted as Deputy Chief Controller with effect from 8.9.2000 in PB-2 with Grade Pay of Rs. 4,600/- in level-7. He was further promoted as Chief Controller in a higher scale with effect from 8.9.2000 in PB-2 with Grade Pay of Rs. 4,600/- in level-7. Due to merger of both the posts, the second promotion is liable to be ignored for the purpose of financial benefits. On introduction of the MACP scheme with effect from 1.9.2008, the applicant was granted the 2nd MACP and placed him in PB-2 with Grade Pay of Rs. 5,400/- in level-9 by Annexure A1 with effect from 23.6.2010. However, without notice and without hearing him the 2nd respondent withdrew PB-2 plus GP Rs. 5,400/- at level-9 granted as per Annexure A1 order and directed consequential recovery of overpayment from the applicant's salary by Annexure A2 order dated 22.5.2012. Accordingly, the entire amount due was recovered from the salary of the applicant in SEBASTIAN ANTONY 2025.05.19 16:49:24+05'30' 30 installments. Later, the 2nd respondent restored PB-2 with Grade Pay of Rs. 5,400/- in level-9 in favour of the applicant with effect from 20.10.2017. He retired from service on 31.5.2018.