Laxman vs Union Of India Through And Ors.

The applicant has filed the present OA, seeking the the following reliefs:-

"(i) That the Hon"ble Tribunal may graciously be pleased to pass an order of quashing the impugned order/certificate dt. 6.9.2017 (Annex.A/1) only to the extend by which the last pay of the applicant mentioned as Rs. 42200/- and also ordered to recover Rs. 386167/- from the DCRG of the applicant and consequently pass an order directing the respondents to restore the pay and all other retirement benefits of the applicant on the basis of Las Pay as Rs. 44800/- after granting due increment of dt. 1.1.2017 with all consequential benefits including refund of recovered amount from the DCRG of the applicant with interest.

(ii) Any other relief which the Hon"ble Tribunal deem fit and proper may also be granted to the applicants."

The applicant of this OA is aggrieved by the impugned order dated 06.09.2017 passed by the respondent no.3 whereby they have reduced the last pay drawn by the applicant from Rs. 44800/- to Rs. 42200/-and also passed an order of recovery of Rs. 386167/- from the DCRG of the applicant. They have challenged the said impugned order on the ground that they have passed the order without giving any show cause notice and without any reason and justification which is totally illegal and contrary to the principles of natural justice.

Hence, he has filed the present OA.

The respondents have contested the OA and filed their reply in which they have submitted that during the entire service period of the applicant, he had got double adhoc promotions in the scale of Rs. 950-1500 w.e.f. 02.07.1986 and further on 05.12.1989 in the grade of Rs. 1200-1800 in Construction Organization. They further contended that as per the details mentioned in No Demand Certificate issued by the Construction Organization, a sum of Rs. 386167/- on account of overpayment was made from DCRG. They have further contended that the issue of PPO to the applicant of Rs. 42000 instead of Rs. 44800/- has been correctly fixed by them on the basis of the service record being duly vetted by associate finance of Construction Organization as well as his parent Division as per the extant rules. Hence, they have submitted that the OA is liable to be dismissed.

After hearing both the parties and perusing the record, we find a "No Dues - Certificate" issued by the respondents vide Voucher No.7090-D dated 18.07.2017. Below the typed above certificate, we find a further noting written in hand by somebody on 06.09.2017 which reads as under:-

"NDC verified per O/R recovery of Rs. 386167/- may be recovered from DCRG for overpayment of pay."

Hence, it is not at all clear how after the issue of No Dues Certificate, the comment below about NDC was made. Further this communication is addressed to the Finance Advisor and Accounts Department/Construction but no copy of the same has been given to the applicant. Further, we also find on record a Memo No.FA&CAO/C/G/Misc./2017 dated 11.07.2019 regarding Proposed recovery from pension of the Driver (Sh. Laxman) posted with my office as driver of official vehicle with Ref: Discussion held on 11.07.2017 in which FA&CAO/C/C had themselves noted that "Hence, in view of the above facts kindly have this case re-examined as all the cases of other staff as well so that no wrong recovery is effected. I have also learnt that as per practice in this office if the actual drawn is more than the pay fixed in pay commission or MACP reason the employee is allowed to draw the higher pay". A copy of this letter was sent to the applicant of this OA. But we do not find any further action taken by the respondents on the said letter dated 11.07.2019 sent by FA&CFAO/C/C. Hence, in view of the same, the action of the respondents in reducing the pay of the applicant is set aside. The respondents are directed to pass a speaking order on the said letter dated 11.07.2017 placed at Annexure A/2 sent by FA&CAO/C/C and then pass a final order with regard to NDC of the applicant. This entire exercise will be completed within a period of 45 days so that the applicant is not deprived/there is no delay in the payment of his legitimate pensionary benefits.

With the above directions, the OA is allowed and disposed of. No costs.