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2018 Supreme(AP) 738

SANJAY KUMAR, M.GANGA RAO
Union of India – Appellant
Versus
M. Satyanarayana – Respondent


Advocates Appeared:
For the Petitioners:C.V. Rajeeva Reddy, Advocate
For the Respondent:M. Bhaskar, Taddi Nageswara Rao, Advocates

ORDER :

Sanjay Kumar, J.

1. The Union of India and its officials in the South Central Railway (SCR)/East Coast Railway (ECR) filed this batch of writ petitions aggrieved by the independent orders passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for brevity, ‘the Tribunal’), granting relief to the applicants therein. Perusal of the orders under challenge demonstrates that the Tribunal uniformly applied the law laid down by the Supreme Court in STATE OF PUNJAB V/s. RAFIQ MASIH (WHITE WASHER) (2015) 4 SCC 334) to the effect that recoveries of excess payments could not be made from retired employees. The writ petitions therefore turn upon the same issue and are amenable to disposal by way of this common order.

W.P.No.27152 of 2018:

2. This writ petition arises out of the order dated 21.03.2018 passed by the Tribunal in O.A.No.021/533/2017. The said O.A. was filed by the respondent herein assailing the letter dated 12.09.2016 whereby recovery of the excess payments made to him was sought to be effected. The respondent-applicant entered the service of the SCR as a Telecom Maintainer Grade-III in September, 1980. Upon due promotions, he became a Senior Technician, a























































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