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Judgment
The applicant rendered more than 36 years of service and superannuated on 31.01.2023 while serving as Senior Technician (CW) at Nizamuddin, New Delhi Northern Railways. At the time of his retirement the applicant was paid gratuity amounting to Rs. 10,51, 974/- and the commuted value of pension amounting to Rs. 9,08,551/-. The applicant was informed by the departmental representative that a sum of Rs. 1,60,000/-recovered from the said retiral benefits on account of an alleged wrong pay fixation made in the year 2013. The present OA is filed for the following relief:-
“(I)Allow the present Original Application and quash and set aside the recovery of ₹1,60,000/- made from the retiral benefits of the Applicant towards the alleged excess payment arising out of wrong pay fixation
(II)Direct the Respondents to refund/release the amount of ₹1,60,000/-illegally recovered from the Applicant's gratuity and/or commuted value of pension, along with interest at the applicable rate from the date of recovery till the date of actual payment;
(III)Direct the Respondents to reconsider and pass a reasoned and speaking order upon the Applicant's representation dated 11.02.2026, in accordance with the law laid down by the Hon'ble Supreme Court in State of Punjab & Ors. v. Rafiq Masih (White Washer) & Ors., Civil Appeal No. 11527 of 2014, and other applicable judgments;
(IV)Declare that the recovery of the alleged excess payment from the Applicant, being a Group 'C' retired employee, in the absence of any fraud, misrepresentation or concealment on his part, is arbitrary, illegal, inequitable and contrary to the principles laid down by the Hon'ble Supreme Court of India;
(V)Direct the Respondents to pay appropriate interest on the amount wrongfully recovered, from the date of recovery till the date of its actual refund, so as to compensate the Applicant for the deprivation of his lawful retiral benefits;
(VI)Award the costs of the present proceedings in favour of the Applicant; and
(VII)Pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case and in the interest of justice.”
Being aggrieved by the aforesaid recovery, the applicant submitted representation dated 11.02.2026 to the respondents requesting them to refund/release the amount of Rs. 1,60,000/-recovered from his retiral benefits.
Issue notice. Mr. Shailendra Tiwari , who appears on advance service accepts notice. Learned counsel for the respondents seeks four weeks’ time to file counter reply.
At this stage, learned counsel for the applicant states that the applicant will be fairly satisfied if the pending representation dated 11.02.2026 is decided by the respondents by passing a reasoned and speaking order within time bound manner.
Learned counsel for the respondents opposes the prayer made by learned counsel for the applicant on the ground that the applicant has not made any reference to any statutory provision in support of the contention raised in her representation dated 11.02.2026.
After hearing learned counsels of both sides, I am of the view that the OA is liable to be disposed of at this stage in terms of the prayer made by the learned counsel for the applicant.
Accordingly, the present OA is disposed of at admission stage itself with the direction to the respondents to pass a reasoned and speaking order on the representation of the applicant within a period of 8 weeks from the date of receipt of certified copy of this order.
We make it clear that we have not expressed any opinion regarding the merits as well as on the limitation criteria.
OA is disposed of accordingly. No costs.
All pending MAs stand disposed of, if any.