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Judgment
PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
By this Original Application, the applicant is seeking the following relief:
i.To call for the records leading to and connected with order issued in No SCR/P-GTL/210(a)/TR-15/RTI/Train Managers dated 03.01.2025 revising the pay of the Applicant retrospectively and the letter dated 18.03.2025 ordering recovery of Rs.23,04,498/- from the Applicant and PCPO clarification issued in letter NOP(R)481/XII dated 10.07.2024 declare and quash and set aside same as illegal and arbitrary contrary to rules and consequently,
ii.Direct the Respondents to restore the applicant’s pay to the position as if the said withdrawal had not been made, with all consequential benefits including arrears of pay and allowances and direct refund of the amount already recovered with interest as applicable and
iii.Pass such other and further orders as may be just and proper in the interest circumstances and interest of justice.
The applicant has filed the present OA challenging the recovery of an amount of Rs.23,04,498/- by the Respondents on the ground of overpayment. While going through the records, it could be seen that the applicant had submitted an appeal/representation, dt.26.03.2025, to the Sr.DPO, Guntakal Division, which is still pending for consideration. It was followed by another representation, dt.07.05.2025, to the DRM, Guntakal Division, seeking his intervention in the matter submitted vide his representation, dt.26.03.2025, to the Sr.DPO/GTL. As per the rules laid down under Section 20 of the AT Act, 1985, the OA seems to have been filed prematurely, without waiting for expiry of a period of six months from the date of filing of the representation. Therefore, it would be appropriate if a direction is given to the Respondents to dispose of the pending representation(s) within a time frame.
Shri G.Trinadha Rao, learned counsel, representing Shri K.Rama Krishna Raju, learned counsel for the applicant, submits that, while dealing with the pending representation of the applicant, the present OA may also be treated as part and parcel of the representation and be duly considered by the Respondents.
In view of the aforesaid limited prayer made by the learned counsel for the applicant, without going into the merits of the case, the OA is disposed of with a direction to the competent authority among the Respondents to consider and dispose of the representation, dt.26.03.2025, of the applicant, by treating the present OA as part and parcel of the representation and pass a reasoned and speaking order, within a period of 4 (four) weeks from the date of receipt of a copy of this order. Liberty is also given to the applicant to approach the appropriate forum in case of any leftover grievances.
There shall be no order as to costs.
