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1 - 10 of 23 (0.60 seconds)Union Of India vs M.V. Mohanan Nair on 5 March, 2020
8.8 The learned counsel further submits that the case of Union of India
v/s M. V. Mohanan Nair reported in (2020) 5 SCC 421 does not
deal with NFG and same is only deal with grant of parity in GP.
Therefore, the said judgment has no applicability to the present OA.
8.9 Concluding his arguments, learned counsel Shri Joy Mathew
submitted that in his written submission he has reiterated the
aforesaid contentions. Further, it is submitted that in view of what
has been argued by him and the contentions in written submission,
rejoinder filed by the applicants it is urged that the impugned
decision is arbitrary, illegal and same has caused great hardship to
the applicants who are already retired from service.
Further it is submitted that from the salary of applicant no. 2 &
5, the respondent has recovered the amount paid towards 3 rd MACP.
However, the applicant no. 1, i.e. Mr. Mansukhbhai Patel, applicant
no. 3, i.e., Mr. Dhandhuram Meena, applicant no. 4, i.e., Mr.
Niranjan Bhatt has jointly filed separate OA no. 219/2019 for
waivar of recovery as also the applicant no. 6, i.e., Mr. K. Valson
Chandrashekaran has filed separate OA No. 230/2020 and the said
OAs are pending before this Tribunal therefore till date respondent
have not initiated recovery against these applicants. The learned
counsel for the applicants submits that the decision for recovery
made by the respondent is also arbitrary and the said recovered
amount needs to be refunded to the applicants. It is submitted that
any recovery at this stage based on revised PPO will also cause
(CAT/AHMEDABAD BENCH/FRESH OA/246/2017) 17
serious financial crunch and hardship to the applicants. Therefore
the impugned decision requires be quashed and set aside.
Article 141 in Constitution of India [Constitution]
Union Of India & Ors vs Rajpal Singh on 7 November, 2008
The Hon'ble Supreme Court in M. V. Mohannan (supra) in
categorical terms held that the decision rendered in Union of India vs.
Rajpal case ought not to have been quoted as precedent having been
(CAT/AHMEDABAD BENCH/FRESH OA/246/2017) 33
dismissed on the ground that no sufficient cause was shown for the delay
in re-filing. The Hon'ble Supreme Court observed thus,
"49.
All India Association Of Central Excise ... vs Union Of India on 29 March, 2012
9.11 It is also stated that after considering various directions issued by
different Bench of this Tribunal as also Hon'ble High Courts,
including the order passed by CAT Principal Bench in OA
2806/2016 dated 26.02.2020 in the case of All India Association of
Central Excise Gazetted Executive Officer, Delhi & Ors v/s Union of
India & Ors, as also the order passed in the case of Hari Ram & Anr
v/s Registrar General, Delhi High Court etc, the CBEC sought
further clarifications/opinions from the competent authority i.e.
DOPT. In response to it, DOPT vide its instructions/clarification
dated 12.01.2021 reiterated earlier position that NFU granted in GP
5400/- in PB-2 needs to be offset against one Financial Upgradation
as per MACP policy. Further, the DOPT clarified that the
judgment/orders are not in consistent with the MACP Scheme,
requires to be challenged in higher court.
Hari Ram & Anr vs Registrar General, Delhi High Court on 20 December, 2017
9.11 It is also stated that after considering various directions issued by
different Bench of this Tribunal as also Hon'ble High Courts,
including the order passed by CAT Principal Bench in OA
2806/2016 dated 26.02.2020 in the case of All India Association of
Central Excise Gazetted Executive Officer, Delhi & Ors v/s Union of
India & Ors, as also the order passed in the case of Hari Ram & Anr
v/s Registrar General, Delhi High Court etc, the CBEC sought
further clarifications/opinions from the competent authority i.e.
DOPT. In response to it, DOPT vide its instructions/clarification
dated 12.01.2021 reiterated earlier position that NFU granted in GP
5400/- in PB-2 needs to be offset against one Financial Upgradation
as per MACP policy. Further, the DOPT clarified that the
judgment/orders are not in consistent with the MACP Scheme,
requires to be challenged in higher court.
The Chairman, Railway Board, New Delhi ... vs The Registrar, Central Administrative ... on 23 April, 2002
Therefore, the learned standing counsel submitted that the
orders/judgment based on Rajpal's case, i.e., S Balakrishnan case is
not applicable to the present case.
Sh. Daleep K.Singh I.T.S vs Union Of India Through on 28 November, 2008
(i) Dileep Kumar v/s Union of India decided by CAT, Ernakulam
Bench dated 12.04.2019 in OA No.916 of 2016 circulated vide
letter dated 09.10.2019 (Ann. R/14 of written submission),
U.S.Sharma vs Union Of India . on 2 November, 2015
(iii) Common order dated 21.11.2019 passed by the CAT, Mumbai
Bench in OA 44/2017 in the case of V U Shah v/s Union of India
alongwith other cognate OAs.
Supreme Court Employees' Welfare ... vs Union Of India (Uoi) And Anr. on 24 July, 1989
Observing that when a Special Leave Petition is dismissed by a non-
speaking order, by such dismissal, the Supreme Court does not lay down
any law as envisaged under Article 141 of the Constitution of India in
Supreme Court Employees Welfare Association v. Union of India and
Others (1989) 4 SCC 187, this Court held as under:-