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2021 Supreme(Pat) 903

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Union of India through Secretary, Ministry of Labour and Employment – Appellant
Versus
Bijoy Kumar S/o Late Baijnath Prasad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Pradeep Kumar, Mr. Kumar Sachin.
For the Respondent: Mr. Prince Kumar Mishra.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. The Union of India through the Secretary, Ministry of Labour and Employment and other officials of the said Ministry have preferred this writ application under Article 226 of the Constitution of India seeking quashing of an order dated 17.01.2020 passed in O.A. No. 78 of 2018 by the Central Administrative Tribunal, Patna Bench, whereby the Tribunal has allowed the application filed by the sole respondent. The respondent preferred the said application before the Tribunal seeking direction to the petitioners to grant him cash equivalent to earned leave, group insurance and medical allowance at the rate of Rs. 500/- per month along with 12 percent interest for delayed payments against the said heads. He took a plea before the Tribunal that without any valid reason, his complete retiral dues were not being released, despite repeated request and lapse of three years from the date of his superannuation. He also asserted that the respondent was not given any notice for recovery of any amount, consequent upon the alleged erroneous fixation of pay-scale/grade pay, leading to excess payment to the respondent than his actual entitlement.

2. In the writt

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