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2023 Supreme(Raj) 1302

AUGUSTINE GEORGE MASIH, SAMEER JAIN
Om Prakash Tripathi, S/o. Shri Sukh Dev Tripathi – Appellant
Versus
Union Of India, Through Its Secretary, Ministry Of Science And Technology, Department Of Science And Technology – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Mathur.
For the Respondents: Mr. R.D. Rastogi with Mr. Devesh Yadav and Mr. C.S. Sinha.

ORDER :

(Sameer Jain, J.)

1. The present writ petition has been filed assailing the impugned order dated 29.10.2021, passed by the Central Administrative Tribunal (for short “CAT”) at Jaipur in Original Application No. 291/274/2017, whereby the CAT upheld the order of recovery of excess payment made to the petitioner by the respondent-Department.

2. The issue involved in the present writ petition pertains to recovery of excess payment made to the petitioner. The petitioner, at the relevant time, was working on the post of Director in Survey of India and was granted Non-Functional Upgradation (for short “NFU”) of organized Group ‘A’ services with Grade Pay of Rs. 10,000/-per month with effect from 26.10.2006. The petitioner was also allowed enhanced Transportation Allowance (for short “TA”) of Rs. 7,000/-per month + Dearness Allowance (for short “DA”) and continued to draw the same from 2008 to 31.03.2016. The recovery of this enhanced TA is the bone of contention in the present petition.

3. Learned counsel for the petitioner submits that the petitioner was allowed benefit of enhanced TA by the respondent-Department as per their interpretation of para 3 of the Government of India, Min

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