IMPORTANT POINT
The court ruled that recoveries from Group-C employees nearing retirement are impermissible, reaffirming protections established in Rafiq Masih.

JUDGMENT :

C. HARI SHANKAR, J.

1. The petitioner was appointed as Pharmacist with the Maulana Azad Medical College [“MAMC” hereinafter] on 25 October 1976 in the pay scale of Rs. 330-560/- which was revised to Rs. 4500-7000/- with effect from 1 January 1996. He was granted the first Financial upgradation under the Assured Career Progression [“ACP” hereinafter] Scheme with effect from 9 August 1999 in the scale of Rs. 5000-8000/-. He was subsequently granted second upgradation under the Modified Assured Career Progression [“MACP” hereinafter] scheme in the grade pay of Rs. 4,800/- and a third upgradation in the grade pay of Rs. 5,400/-.

2. Subsequently, by an Office Memorandum dated 18 November 2009, consequent to the recommendations of the 6th Central Pay Commission, the aspect of fixation of pay scales inter alia of Pharmacists was referred by the Ministry of Finance to a Fast Track Committee. The Fast Track Committee recommended reduction of the pay scale of Pharmacist to a grade pay of Rs. 2,800/- with non-functional scale of Rs. 4,200/- after two years.

3. The enhanced pay scale of Rs. 4,800/- which had been granted to the petitioner under the third MACP with effect from 1 January 2006 was modified by corrigendum dated 24 November 2011, making the petitioner entitled to the scale of Rs. 9,300-34,800/- with grade pay of Rs. 4,600/-, 4,800/- and 5,400/- with effect from 1 September 2008.

4. As a result, according to the respondents, an amount of Rs. 6,13,773/- was found to have been paid to the petitioner in excess and was, therefore, recoverable from him.

5. A little over six months prior to his retirement which was to take place on 31 March 2015, the petitioner was visited with a Memorandum dated 3 September 2014 issued by the MAMC, which reads as under:

“MEMORANDUM

In pursuance of Health & Family Welfare Department, Govt. NCT of Delhi order no. F.6/30/TRC/H&FW/2010/9425-62 dated 20-09-2013 the pay of Shri Ravinder Kumar, Pharmacist is re-fixed in the pay band-II Rs. 9300-34800 with grade pay Rs. 4200/- and Rs. 4800/- on (3rd MACP) vide order no. F.11(06)/2011-MC/Estt.-I/14285 Dated 19-08-2014 vide which an amount of overpayment Rs. 6,13,773/- is to be recovered.

The official is hereby directed to deposit the amount of overpayment to Accounts Branch, MAMC at the earliest, in case of non depositing the same the recovery will be made as per Rules, as you are going on superannuation on 31-03-2015.

ADMN. OFFICER (ESTT.-I)”

6. The petitioner, thereafter, addressed the following communication to the MAMC on 8 September 2014, which read:

“R/Sir,

With due respect I say, I received a Memorandum No. F11(06)/2011/MC/Estt-15394 dated 03-09-2014, that my pay is re-fixed in the pay band-II Rs. 9300-34800 with grade of Rs. 4200-4800.

My Date of Superannuation is 31-03-2015.

So I request you please deduct the amount Rs. 6,13,373/- from my G.P.F. at the time of my superannuation.

Thanking you

Yours faithfully

(Ravinder Kumar)

(Pharamcist)

UHC Gokulpuri

Phone: 8800687490

Date: 8-9-2014”

7. The petitioner thereafter instituted OA 3146/2017 before the Tribunal, seeking setting aside of the order dated 3 September 2014. The Tribunal, by order dated 12 September 2017, disposed of the said OA with the direction to the respondent to consider the petitioner’s representation against the proposed recovery of Rs. 6,13,773/- and pass an appropriate speaking order thereon.

8. In compliance of the said order, the respondent passed order dated 8 November 2017, in which the decision on the petitioner’s representation reads thus:

“3. The representation of Sh. Ravinder Kumar (Ex-Pharmacist), Petitioner, has been examined as under:

(i) Sh. Ravinder Kumar (Ex-Pharmacist), Petitioner, was working as Pharmacist and given MACP in Grade Pay of Rs. 5400/- vide order no. F.l/23/11/DHS/Estt./NW/MACP/501 (9104-10) dated 10/08/2011.

(ii) In pursuance of clarification issued by. Ministry of H & FW and subsequent endorsement vide which it had been clarified that Pharmacist are to be given MACP in