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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder S Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Dr. Kulbhushan Singh Jamwal – Appellant
Versus
State of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. factual background of advance increments recovery (Para 1 , 2 , 3 , 4 , 5) |
| 2. applicants' challenge to quashed om recovery (Para 6 , 7 , 8) |
| 3. respondents deny recovery responsibility (Para 9) |
| 4. review of pay rules allowing in-service increments (Para 10 , 11 , 12) |
| 5. 24-month limit on post-retirement emoluments check (Para 14 , 15) |
| 6. precedents against post-retirement recovery (Para 16 , 17 , 18 , 19) |
| 7. no recovery without fraud; order refund (Para 20 , 21 , 22) |
ORDER (FINAL)
(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)
1. Against the illegally recovered amount from the petitioners respectively on the basis of OM No. A/9 (81)-1-888 dated 28- 7-2006, applicants initially filed SWP No. 70/2019 before the Hon’ble High Court of J&K at Jammu, which on transfer to this Tribunal has been numbered as T.A. No. 1756/2020.
2. Brief of the case in nutshell taken by learned Counsel for the applicant reiterated in TA that the petitioner No. 1 was appointed as Assistant Surgeon in the Health and Medical Education Department on 19-9-1978. During his service, he acquired higher qualification (MD) in the year 1997 and petitioner No. 2 was appointed as Assistant Surgeon in t
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