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Showing contexts for: cghs in P K Pachori vs Union Of India on 17 January, 2022Matching Fragments
2. Per applicant, brief facts are that he was working as Chief Medical Officer, Senior Administrative Grade (SAG) Central Government Health Scheme (CGHS), Kanpur under Respondent no.5 in the Pay Band-4 of Rs. 37400- 67000/- with Grade Pay of Rs. 10,000/-. That, he was being paid Travelling Allowance (TA) per month along with D.A. thereon as per the Pay Slip of February 2016 (Annexure-5). That, as per Office Memorandum (OM) of CAT, Lucknow Bench- OAs No. 130/16, 131/16, 132/16 and 133/16 Department of Expenditure, Ministry of Finance No. 22(2)/2008-E-II(B) dated 29/08/2008 ('MOF 2008 circular' for short) read with OM dated 28.01.1994 (Annexure A-7) also of the MOF, the TA/Car allowance is admissible to Central Government employees and continuing as per recommendations of 6th Central Pay Commission (CPC). That, the applicant has been receiving the said TA plus DA thereon which would be clear from the Pay slip above, issued to the applicant in this connection. That, the impugned order dated 19.8.2014 (Annexure-A1) issued by R-1 and addressed to R-4 (Additional Director, CGHS, Kanpur) is erroneous because, when the O.M. dated 29.8.2008 ('MoF OM 2008' for short) is read along with MOF O.M. dated 28.01.1994 ('MOF OM 1994' for short), it clearly emerges that the officers drawing the Grade Pay of Rs. 10,000/- and those in HAG + Scale, who are entitled for the use of official cars in terms of said memo dated 28.01.1994 shall be given option to avail themselves of the existing facility of Staff Car or to draw the TA @ Rs. 7000/- per month + DA thereon. Per applicant, as official Staff car was not provided therefore, he was eligible for grant of TA @ Rs. 7000/- per month + DA thereon. That, accordingly he was rightly being paid the same right uptill 2016 as evident from the payslip. However, vide impugned order of CAT, Lucknow Bench- OAs No. 130/16, 131/16, 132/16 and 133/16 19.8.2014 this TA has not only been stopped but retrospective recovery ordered. That, in light of the law laid down by the Hon Apex Court in the matter of State of Punjab & ors. v. Rafiq Masih (White Washer) etc., in CA No. 11527 of 2014 (arising out of SLP (c) no. 11684 of 2012), the CAT Principal Bench, Delhi has, in the O.A No. No. 4016 of 2014 and other related OAs mentioned therein, vide order dated 13.11.2014, stayed the recovery in an identical matter (Annexure-A-9). Further that CAT Lucknow Bench has also in the interim stayed the said recovery in other OAs viz, 332/0434/2014 decided on 23.9.2014, O.A. No. 332/102/2016 decided on 26.2.2016, and O.A. 103/2016 decided on 26.2.2016 (Annexures -A-8 A-10, and A-11). Accordingly, it is prayed that the recovery in the instant OA may also be stayed and the OA allowed.