DEPARTMENT CAN NOT MAKE RECOVERY AFTER RETIREMENT - JABALPUR CAT ORDER

CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR  BENCH JABALPUR Original Application No. 694 of 2013 Jabalpur, this Tuesday, the 19th...

CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR 
BENCH
JABALPUR

Original Application No. 694 of 2013

Jabalpur, this Tuesday, the 19th day of May, 2015

SHRI G. P. SINGHAL, ADMINISTRATIVE MEMBER

K. L. Phoolmali, S/o late Umarao Phoolmali,
DOB 07.1.1952, R/o JM-70, KIshore Nagar,
Meera Kishan Kunj, District Khandwa – 450001 (MP)
- Applicant
(By Advocate - Shri Vijay Tripathi)
V e r s u s

1. Union of India through its Secretary
Ministry of Communication & IT, Department of Posts,
Dak Bhawan, Sansad Marg, New Delhi – 110001.

2. Chief Postmaster Master General, Madhya Pradesh Circle,
Hoshangabad Road, Bhopal – 462012 (MP)

4. Senior Superintendent of Post Offices,
Khandwa Division, Khandwa (MP) 450001
- Respondents

(By Advocate – Shri Amjad Ahmed, Proxy counsel of Shri A. T. Faridee)
(Date of reserving order : 14.05.2015)
O R D E R

The applicant has preferred this Original Application for the following reliefs:

“8(i) Summon the entire relevant record from the possession of respondents for its kind perusal;

8(ii) Upon holding that reducing the basic pay of the applicant as Rs.19960/- is bad in law, command the respondents to calculate all retiral dues and pension of the applicant on the basis of the last basic of Rs. 20,410/-

8(iii) Direct the respondents to revise the pension, DCRG, leave encashment, commuted value of pension and pay arrears of the aforesaid amount with 18% interest p.a.;

8(iv) Direct the respondent to repay the amount of DCRG of Rs.43,790/- to the applicant with 18% interest;

8(v) Any other order/orders, direction/directions may also be passed.

8(vi) Award cost of the litigation to the applicant.

8(vii) Set aside the order dated 30.10.2012 (Annexure A/1), order dated 6.8.2012 (Annexure A/2) and order dated 4.4.2012 (Annexure R/7) with all consequential benefits.”

2. The learned counsel for applicant submitted that at the time of retirement, applicant was holding the post of Deputy Post Master, Khandwa Head Office in the Pay Band of Rs.9300-34800/- + Grade Pay of Rs.4600/- and his basic pay was Rs.20,410/-. However, while paying him retiral dues, the basic pay has been reduced from 20,410/- to 19,960/-. Further, Rs.43,790/- has been deducted from his DCRG, without assigning any reason. The applicant was inducted in the cadre of HSG (II) in the pay scale of Rs.5000-8000 and posted as Deputy Post Master at Itarsi Head Office. Thereafter, vide the order dated 12.1.2005, the applicant was sent on deputation to work as Sub Post Master, Harda in the cadre of HSG (I) and he was given the pay scale of Rs.6500-10500/-. Appointment of applicant in the cadre of HSG (I) was approved by the Departmental Promotion Committee (DPC) and orders were issued on 18.8.2005 (Annexure A-3). Thus, there is no justification for reduction of pay of the applicant for retiral benefits and deduction of Rs.43,790/- from DCRG.

3. The respondents, in their reply, have submitted that the applicant was promoted to HSG (I) grade vide the order dated 18.8.2005, Before that, vide the order dated 12.1.2005, he was posted on HSG (I) grade post of Sub Post Master, Harda Head Post Office by Senior Superintendent of Post Offices, Hoshangabad. Since the applicant was working at that time with the office of Sr. Superintendent Post Offices, Hoshangabad, there was no ground for posting him on deputation basis in one of its offices. Thus, applicant was not entitled to the pay of HSG (I) grade on this posting at Harda as he was still in HSG (II) grade. In any case, applicant was promoted to HSG (II) grade on 29.10.2004 and had qualifying service of only two months as on 1.1.2005 in that grade, he could not have been promoted to HSG (I) grade so early as the qualifying service of three years was required for such promotion. Therefore, when his pension case was prepared, there was objection in regard to his pay fixation on 17.1.2005 in HSG (I) grade when he joined at Harda in compliance of order dated 12.1.2005 of SSPO Hoshangabad. Therefore, applicant’s pay was accordingly refixed and he was grated HSG(I) grade w.e.f. 23.08.2005 when he was actually promoted to that grade. Thus, due to correction of his pay fixation w.e.f 17.1.2005, his basic pay at the time of retirement was changed and applicant has been paid retiral benefits accordingly. Further, excess salary paid to him during this period has been recovered from the DCRG. Thus, the OA, being without any merit, deserves to be dismissed.

4. Heard the learned counsel for the parties and perused the pleadings of the respective parties and documents annexed therewith. I have also gone throught the writtern arguments filled by learned counsel for the respondents.

5. It is undisputed that the applicant was promoted to HSG (I) grade vide the order dated 18.8.2005 (Annexure A-3). Before that, he claims to be posted on deputation basis on a post of HSG (I) grade. However, the order dated 12.1.2005 (Annexure R-1) by which he was posted as Sub Post Master, Harda was issued by Sr. Superintendent of Post Offices, Hoshangabad and since the applicant was already working in his jurisdiction, this posting could not be considered as on deputation. In-fact, this is simply a posting order on vacant post of Sub Post Master, Harda on which the applicant was posted on his own cost for which he may have requested at that time. Thus, applicant was not entitled to get the pay scale of HSG (I) grade w.e.f. 17.1.2005 on the basis of order dated 12.01.2005 (Annexure R-1). Therefore, respondents are not at fault in re-fixing his pay, by treating him promoted to HSG (I) grade w.e.f. 23.08.2005. In view of this correction, basic pay of applicant has been revised and applicant has been paid all the retiral benefits based on this pay. Thus, the respondents cannot be faulted in granting retiral benefits to the applicant based on his revised basic pay of Rs.19,960/- in place of Rs.20,410/-, and no interference with the orders of respondents in this matter, is justified, Therefore, the prayer of the applicant in this regard is rejected.

6. So far as deduction of Rs.43,790/- from the DCRG of the applicant is concerned, this amount has been deducted without issuance of any show-cause notice to the applicant. Relying on the judgment of Hon’ble Supreme Court in the matters of State of Punjab and others etc v. Rafiq Masih (White Washer) etc., Civil Appeal No. 11527 of 2014, learned counsel for the applicant submitted that in view of the law laid down by the Hon’ble Supreme Court in that order, no recovery of excess payment can be made from retired employees or employee who are due to retire within one year of the order of recovery. Since recovery of excess salary has been done after retirement of applicant, such recovery is not in accordance with law. Therefore, the respondents are directed to refund Rs.43,790/- deducted from DCRG of the applicant, within a period of 60 days from the date of communication of this order. However, no interest shall be payable on that amount.

7. Thus, the O.A is partly allowed. No order on costs.

Sd/-
(G. P. Singhal)
Administrative Member

Source:- http://nfpe.blogspot.in/2015/10/department-can-not-make-recovery-after.html

COMMENTS

Name

29TH SCOVA MEETING,3,30TH SCOVA MEETING,2,3RD PRC,1,5TH PAY COMMISSION,7,6TH PAY COMMISSION,17,7TH CPC,48,7TH CPC ALLOWANCES,143,7TH CPC ARREARS,13,7TH CPC HIGHLIGHTS,1,7TH CPC MEETING,9,7TH CPC MEMORANDUM,2,7TH CPC NEWS,96,7TH CPC NOTIFICATION,128,7TH CPC PENSION CALCULATOR,2,7TH PAY COMMISSION,1247,AADHAAR,27,AADHAAR NUMBER,15,AADHAR CARD,6,AAM AADMI BIMA YOJANA,1,ABOLISH INTERVIEW,6,ABOLISH POSTS,3,ACCIDENTAL DEATH,1,ACCOMMODATION,15,ACCOUNTS CADRE,6,ACCOUNTS OFFICER,6,ACCOUNTS STOCK VERIFIERS,2,ACP,7,ACR,5,AD-HOC APPOINTMENT,1,AD-HOC BONUS,15,ADDITIONAL ALLOWANCE,2,ADDITIONAL HRA,2,ADDITIONAL PAY,1,ADDITIONAL PENSION,8,ADVANCE AGAINST PLB,1,ADVANCE SALARY,2,ADVANCES,11,AFFDF,1,AGE LIMIT,4,AGE RELAXATION,1,AGENCY COMMISSION,1,AIBEA,7,AIBOA,2,AIBOC,3,AICPIN,35,AIDEF,2,AIR FORCE STAFF,11,AIR TICKET,18,AIR TRAVEL,40,AIRF,65,AIS,17,AIS (DCRB) RULES,5,ALLOWANCE COMMITTEE REPORT,2,ALLOWANCES,322,ANNUAL ALLOWANCE,2,ANNUAL REPORT ON PAY & ALLOWANCES,3,ANOMALIES,64,ANOMALY COMMITTEE,45,ANUBHAV,9,APAR,28,APPOINTMENT,6,APPRENTICES,4,APY,6,ARM,1,ARMED FORCES,74,ARMED FORCES PENSIONERS,52,ARMY ORDNANCE CORPS,1,ARMY ORDNANCE CORPS (AOC),3,ARMY STAFF,20,ARREARS,23,ARTISAN STAFF,3,ASO,6,ASSAM RIFLES,1,ATAL PENSION YOJANA,8,ATS,1,AUDIT & ACCOUNT ASSOCIATION,2,AUDIT EMPLOYEES,4,AUTONOMOUS BODIES,33,AYUSH HOSPITALS,2,BACKLOG VACANCIES,1,BANK,29,BANK ACCOUNT,4,BANK BIPARTITE NEWS,23,BANK EMPLOYEES,59,BANK EMPLOYEES NEWS,31,BANK EMPLOYEES WAGE REVISION,30,BANK HOLIDAYS,3,BANK PENSIONERS,5,BANKING FACILITY,1,BASIC SALARY,4,BCA,1,BDPA,1,BEFI,1,BHAVISHYA,6,BIOMETRIC ATTENDANCE,10,BIS,1,BLACK DAY,1,BONUS,70,BONUS ARREAR,1,BONUS CEILING,13,BONUS ORDER 2016,2,BONUS ORDER 2017,13,BPEF,1,BPMS,44,BPS,18,BREAKDOWN ALLOWANCE,1,BSF,1,BSF EMPLOYEES,3,BSNL,12,BSNL EMPLOYEES,6,BSNL PENSIONERS,6,BUDGET,23,BUDGET 2016- 2017,10,BUDGET 2017- 2018,4,BUDGET 2018- 2019,6,CAA,7,CADRE,1,CADRE FIXATION,1,CADRE RESTRUCTURING,30,CADRE REVIEW,25,CANTEEN FACILITIES,12,CAPF,11,CASH HANDLING ALLOWANCE,1,CASTE,3,CASTE CERTIFICATES,2,CASUAL LABOURERS,13,CASUAL LEAVE,4,CASUAL WORKERS,3,CASUALTY PENSION,5,CAT,5,CAT ORDER,5,CBDT ORDERS,8,CBEC,3,CCL,2,CCS,2,CCS (CC&A) RULES,16,CCS (CR) 1964,2,CCS (EOP) RULES,6,CCS (LEAVE) RULES,8,CCS (LTC) RULES 1988,15,CCS (PENSION) RULES 1972,23,CCS (RP) RULES 2008,7,CCS (RP) RULES 2016,34,CDS (RP) RULES 2016,3,CEA,2,CEA FORM,1,CENSUS,1,CENTRAL GOVERNMENT EMPLOYEES,144,CGA,12,CGDA,47,CGEGIS SCHEME,12,CGEPHIS SCHEME,1,CGHS,73,CGHS AGARTALA,1,CGHS AIZAWL,1,CGHS AREAS,2,CGHS BENEFICIARY,9,CGHS BHOPAL,2,CGHS CARD,4,CGHS CONTRIBUTION,5,CGHS DELHI,1,CGHS HOSPITALS,11,CGHS IMPHAL,1,CGHS PATNA,1,CGHS RATES,8,CGHS RULES,1,CGLE,1,CHARGE SHEET,1,CHARTER OF DEMANDS,71,CHILD CARE LEAVE,10,CHILDREN EDUCATION ALLOWANCE,21,CHILDREN FARE,3,CHS,4,CISF,1,CIVIL ACCOUNTS EMPLOYEE,9,CIVILIAN EMPLOYEES,6,CLERICAL CADRE,5,CMS,1,COMMENTS,1,COMMERCIAL DUTY ALLOWANCE,1,COMMERCIAL EMPLOYMENT AFTER RETIREMENT,3,COMMITTEE ON 07TH CPC,1,COMMITTEE ON OROP,5,COMMUTED LEAVE,1,COMMUTED PENSION,6,COMPASSIONATE APPOINTMENT,10,COMPENSATION,4,COMPPASSIONATE APPOINTMENT,16,COMPULSORY RETIREMENT,5,COMPUTER ADVANCE,1,CONCORDANCE TABLES,21,CONDIMENT ALLOWANCE,1,CONFEDERATION,123,CONFERENCE,3,CONTRACT LABOUR,17,CONTRACT WORKERS,7,CONVEYANCE ALLOWANCE,2,COURT CASES,7,COURT ORDER,16,CPAO,69,CPENGRAMS,1,CPF PENSIONERS,6,CPI,24,CPI INDEX,16,CPI- IW,16,CPMF,3,CPSE,35,CPSE EMPLOYEES,31,CS (MA) RULES 1944,5,CSCS,10,CSD,14,CSD CANTEEN FACILITIES,8,CSS,45,CSSS,21,CTG,5,CVO,3,CYCLE MAINTENANCE ALLOWANCE,3,DA,96,DA JANUARY 2016,5,DA JANUARY 2017,5,DA JANUARY 2018,13,DA JULY 2015,1,DA JULY 2016,10,DA JULY 2017,6,DA MERGER,59,DAD PERSONNEL,1,DAILY ALLOWANCE,6,DATA ENTRY OPERATOR,2,DATA PROCESSING ASSISTANTS,1,DATE OF NEXT INCREMENT,4,DE-EMPANELMENT,1,DEARNESS ALLOWANCE,80,DEARNESS RELIEF,31,DEATH BENEFITS,11,DEATH-CUM-RETIREMENT,6,DECEASED EMPLOYEES,4,DECLARATION OF ASSETS & LIABILITIES,5,DEDUCTION,8,DEFENCE,315,DEFENCE CIVILIAN EMPLOYEES,30,DEFENCE CIVILIANS,14,DEFENCE EMPLOYEES,179,DEFENCE INDUSTRIAL ESTABLISHMENTS,5,DEFENCE PENSION,9,DEFENCE PENSIONERS,102,DELEGATION OF POWERS,3,DEPARTMENT CANTEEN,1,DEPARTMENTAL INQUIRIES,4,DEPARTMENTAL PROMOTION COMMITTEES,2,DEPENDENTS,1,DEPENDENTS OF DECEASED,5,DEPUTATION,10,DEPUTATION ALLOWANCE,5,DEPUTATION OF EMPLOYEES,5,DEPUTATION ON TENURE ALLOWANCE,1,DEPUTY SECRETARY,5,DESW,41,DHARNA,14,DIABETES,1,DIEM/HALTING ALLOWANCE,1,DIGITAL SIGNED PENSION,4,DIGITALIZATION,2,DIRECTORATE OF ESTATES,1,DISABILITY,36,DISABILITY PENSION,40,DISABLE EMPLOYEE,11,DISABLED CHILDREN,9,DISBURSEMENT OF PENSION,8,DISCIPLINARY PROCEEDINGS,4,DIVORCED DAUGHTER,5,DOCTORS,3,DOMESTIC WORKERS,2,DOP&PW,25,DOPT,326,DOPT 2015,1,DOPT 2016,51,DOPT 2017,97,DOPT 2018,30,DOT,1,DR,37,DRAFTSMAN,4,DRESS ALLOWANCE,10,DSC,2,DUTY HOURS,1,e-NPS,2,E-OFFICE,1,E-PAYMENT,1,E-PENSION,1,E-REVISION,6,ECHS,17,ECHS HOSPITALS,3,ECHS SUBSCRIPTION,2,EDP CADRE,2,ELECTION,6,ELECTION HOLIDAY,1,EMPANELLMENT,11,ENGINEERS,9,EPF,16,EPFO,28,EPS,6,ESIC,8,EX-GRATIA,8,EX-GRATIA COMPENSATION,3,EX-SERVICEMEN,247,EXECUTIVE ASSISTANT,1,EXIT & WITHDRAWAL,4,EXPECTED DA,44,EXPECTED DA BANK EMPLOYEES,2,EXPECTED DA JAN 2017,6,EXPECTED DA JAN 2018,6,EXPECTED DA JULY 2016,1,EXPECTED DA JULY 2017,5,EXPECTED DA JULY 2018,4,EXPECTED DA/DR,7,EXPECTED FAMILY PENSION,3,EXPECTED PENSION,1,EXPENDITURE ALLOCATION,3,EXTENSION,4,EXTENSION EMPANELMENT,1,EXTRA WORK ALLOWANCE,2,FACILITIES TO MP,1,FAMILY PENSION,73,FAMILY PENSIONER,155,FAMILY PLANNING ALLOWANCE,4,FAQ,6,FESTIVAL ADVANCE,3,FIN MIN ORDER,102,FINANCE BUDGET,8,FINANCE COMMISSION,2,FIRE ENGINEE DRIVER,1,FIRE STAFF,1,FISCAL DEFICIT,9,FITMENT FACTOR,54,FIVE DAY WEEK,3,FIXED MONETARY COMPENSATION,1,FLEXI FARE,1,FMA,16,FNPO,1,FOREIGN VISIT,4,FORM 15G & 15H,1,FORM 25,1,FORMS,6,FR 15(A),1,FREEDOM FIGHTER PENSION,5,FULL PENSION,6,FUNDAMENTAL RULES,1,GALLANTRY AWARDS,6,GAZETTE,1,GAZETTE NOTIFICATION,6,GDCE,1,GDS,39,GDS COMMITTEE,9,GDS COMMITTEE REPORT,14,GENERAL POOL,4,GFR,5,GOVERNMENT HOLIDAYS CALENDAR,9,GOVT TOUR,15,GPF,24,GPF (CS) RULES 1960,2,GPF GRIEVANCE,1,GPF WITHDRAWALS,3,GPRA,6,GRADE I,2,GRADE PAY,26,GRADE PAY MERGER,15,GRADE PAY UPGRADATION,8,GRAMIN DAK SEWAKS,41,GRATUITY,17,GRIEVANCES,7,GROUP A,23,GROUP B,12,GROUP C,24,GROUP D,21,GROUP INSURANCE,13,GST,2,GUARANTEE WORK,1,HARD AREA ALLOWANCE,2,HARDSHIP DUTY ALLOWANCE,2,HBA,4,HEALTH & MALARIA ALLOWANCE,1,HEALTH CHECK UP,2,HEALTH INSURANCE SCHEME,1,HEALTH SCHEME,4,HELPER,1,HIERARCHY,10,HIGH ALTITUDE ALLOWANCE,1,HIGH COURT,5,HIGHER EDUCATION,1,HIGHER QUALIFICATION INCENTIVE,1,HIRING APPRENTICES,1,HIRING STAFF CARS,1,HOLIDAY OVERTIME,1,HOLIDAYS,22,HOLIDAYS 2016,1,HOLIDAYS 2017,3,HOLIDAYS 2018,4,HOLIDAYS FOR YEAR 2016,3,HOME LOAN,1,HONORARIUM,3,HOSTEL ALLOWANCE,7,HOUSE,6,HOUSE ADVANCE,4,HOUSE RENT ALLOWANCE,19,HOUSING LOAN INTEREST,1,HPCA,8,HRA,117,IAF PENSIONERS,1,IAS OFFICERS,9,IBA,13,IBM,1,IDA,4,IDENTITY CARD,6,IESM,2,IFS,1,IMMOVABLE PROPERTY RETURNS,3,IMPLEMENTATION CELL,8,INCENTIVES,4,INCOME TAX,24,INCOME TAX COMPLIANCES,1,INCOME TAX RETURN,4,INCOME TAX RETURNS,1,INCREMENT,20,INDUSTRIAL CIVILIAN EMPLOYEES,1,INDUSTRIAL TRADES,2,INDUSTRIAL WORKERS,6,INDWF,6,INFLATION,4,INJURY LEAVE,1,INQUIRY,2,INTER CADRE DEPUTATION,7,INTER CADRE TRANSFER,7,INTEREST RATES,17,INTERIM RELIEF,47,INTERIM REPORT,15,IPR,3,IPS OFFICERS,2,IRCTC,4,IRSA,1,IRTSA,15,ISLAND SPECIAL DUTY ALLOWANCE,2,IT EXEMPTION LIMIT,13,J & K GOVT EMPLOYEES,5,JCA,2,JCM,14,JEEVAN PRAMAAN,11,JSA,1,KENDRIYA VIDYALAYA SANGATHAN,9,KISAN VIKAS PATRA,1,KVS,14,KVS ADMISSION,2,KVS EMPLOYEES,12,KVS ORDERS,28,LAB TECHNICIAN,3,LABOUR CONFERENCE,5,LABOUR LAWS,8,LARSGESS,3,LAW OFFICERS,1,LDC,4,LDC & UDC,11,LDCE,1,LDCE/GDCE,1,LEAVE,23,LEAVE ENCASHMENT,8,LEAVE RULES,3,LEAVE SALARY,3,LIC,1,LIEUTENANT,1,LIFE CERTIFICATE,26,LIFTING BAN,1,LINK PAY WITH PRODUCTIVITY,2,LOCO & TRAFFIC RUNNING STAFF,1,LOCO INSPECTOR,2,LOCO PILOTS,4,LOK SABHA QUESTIONS,81,LOKPAL & LOKAYUKTAS ACT 2013,3,LTC,56,LTC FARES,3,LTC PROCEDURE,4,MACP,91,MARTYRED SOLDIERS,8,MATERNITY BENEFITS,9,MATERNITY 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FACTORY,20,OROP,191,OROP TABLE,4,OVERTIME ALLOWANCE,13,PAID LEAVE,5,PAN,7,PAO,2,PAPER LESS WORK,1,PARAMILITARY FORCES,6,PARLIAMENT ASSISTANT,1,PASSPORT,1,PATERNITY LEAVE,1,PAY ANOMALY,30,PAY BAND,2,PAY COMMISSION,26,PAY COMMISSION MEETING,19,PAY COMMISSION RECOMMENDATIONS,507,PAY COMMISSION REPORT,105,PAY COMMISSION VISIT,6,PAY FIXATION,101,PAY MATRIX,34,PAY SCALE,23,PAY STRUCTURE,23,PBOR,14,PCA,9,PCAFYS,31,PCDA,73,PCDACC,6,PCO ALLOWANCE,1,PENALTY,6,PENSION,339,PENSION ACT,1,PENSION ADALAT,4,PENSION ARREARS,7,PENSION BENEFITS,2,PENSION BILL,2,PENSION CALCULATOR,2,PENSION CASES,15,PENSION CLAIM,1,PENSION DISBURSEMENT,1,PENSION FORMS,1,PENSION GRIEVANCE,10,PENSION PROCEDURE,6,PENSION REVISION,175,PENSION SCHEME,4,PENSIONER PORTAL,47,PENSIONERS,325,PENSIONERS ASSOCIATION,5,PENSIONERS' ASSOCIATION,19,PENURY,2,PERFORMANCE BASED INCREASE,1,PERFORMANCE BASED PAY,6,PERFORMANCE BONUS,2,PERSONAL ASSISTANT,1,PERSONS WITH DISABILITIES,6,PF,8,PF 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CENTRAL GOVT EMPLOYEES & PENSIONERS NEWS: DEPARTMENT CAN NOT MAKE RECOVERY AFTER RETIREMENT - JABALPUR CAT ORDER
DEPARTMENT CAN NOT MAKE RECOVERY AFTER RETIREMENT - JABALPUR CAT ORDER
CENTRAL GOVT EMPLOYEES & PENSIONERS NEWS
http://www.paycommissions.in/2015/10/department-can-not-make-recovery-after.html
http://www.paycommissions.in/
http://www.paycommissions.in/
http://www.paycommissions.in/2015/10/department-can-not-make-recovery-after.html
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