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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Dilbagh Singh Bains – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
1. The challenge in this petition is to an order dated July 31, 2019 passed in Original Application being OA. 747/2019 by the Central Administrative Tribunal thereby dismissing the OA.
2. The grievance of the petitioner in the OA was against the recovery made from his retiral dues pursuant to the orders dated August 8, 2018 and August 28, 2018. The petitioner had sought a direction to the respondents to refund the amount recovered.
3. The facts as noted from the petition are, the petitioner had joined respondent DDA as Junior Engineer (C) on July 23, 1981 and retired as Assistant Engineer (C) on superannuation on April 30, 2018. During the pre-audit of the pension and terminal benefits, certain discrepancies were noticed with respect to grant of 2nd ACP/MACP. The 1st ACP was granted to the petitioner vide order dated March 29, 2004 w.e.f July 1, 2001 and 2nd ACP was granted vide order dated December 22, 2005 w.e.f July 23, 2005.
4. On re-examination, the respondents have issued an Office Order dated August 8, 2018, whereby the respondents have granted the financial upgradation to the petitioner in the pay-scale of Rs.10,000 - Rs.15,200/- w.e.f
The recovery of benefits given to an employee can be contested if it falls under specific situations as outlined in the judgment of the Supreme Court in the case of Rafiq Masih (supra).
Recovery of excess pay from retired Group-C employee impermissible without misrepresentation, especially near retirement.
Important points:The decision to cancel the Second and Third Time Bound Higher Grades granted to the respondent was finally taken only as per Annexure A8 order dated 25.01.2018, which was much after ....
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
Recovery of excess pay from retired Group 'D' employee due to departmental error in MACP grant is impermissible without notice; refund directed, but lower pay fixation upheld as mistake rectifiable.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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