ORDER

Hon’ble Dr. Chhabilendra Roul, Member (A) The present OA has been filed by the applicant seeking the following reliefs:

(i) Quash and set aside the impugned orderdated 17.11.2020 (ANNEXURE A-1). (ii) Direct the respondents to release the amount of Rs.3,10,943 recovered from the Applicant with interest thereon.

(iii) Direct the respondents to release theincrement due on 01.07.2019 with arrears thereon and recalculate the Pension, Gratuity, Leave Encashment and Commutation of Pension on the revised Pay Last Drawn.

(iv) Direct the respondents to release the entire arrears arising out of Para (iii) above.

(v) Any other relief which this Hon’ble Tribunal may be pleased to issue.”

2. Brief facts of the present case is that the applicant was appointed as Pharmacist in the Directorate of HealthServices, Government of NCT of Delhi on 5.10.1983. The applicant was granted three financial upgradations following the introduction of Assured Career Progression Scheme and Modified Assured Career Progression Scheme by the Government of India. The respondents revised the pay of theapplicant vide order dated 13.06.2019. Through this revision, the pay of the applicant was reduced with effectfrom 1.09.2008 onwards till the date of his retirement. Following this revision of the pay scale, the respondents videletter dated 1.08.2019 ordered recovery of Rs.3,10,943/- atthe rate of Rs.51825/- per month from July, 2019. Being aggrieved, the applicant approached this Tribunal in OANo.2880/2019. Vide order dated 26.09.2019, this Tribunal stayed further recovery from the pay of the applicant.

However, by the time the order was complied with, three installments had already been recovered from the applicant.

The applicant retired from service on superannuation on31.12.2019. OA 2880/2019 was ultimately decided by theorder of this Tribunal dated 3.09.2020 as follows: “6. We, therefore, dispose of the OA directing that –(a) The order dated 1.08.2019 is set aside and is left open to the respondents to issue show cause notice and take further steps limited to the aspect of recovery.

(b) The respondents shall determine and release the pension and other benefits of the applicant as per the pay structureindicated in the order dated 13.06.2019 and in accordance with the other relevant provisions of law within a period of two weeks from the date of receipt of a copy of the order.”

2.1 The respondents, in compliance of the said order,issued a Show Cause Notice (SCN) dated 5.10.2020 torecover the balance amount of Rs.1,55,468/-. The applicant was required to submit reply within three days so that the respondents could take a final decision on the said recovery notice. The applicant submitted detailed reply vide letterdated 8.10.2020, drawing attention of the respondents regarding the judgment of the Hon’ble Apex Court in State of Punjab & ors. Vs. Rafiq Masih (White Washer) in CivilAppeal No.11527/2014. However, the respondents videorder dated 17.11.2020 conveyed to the applicant that the competent authority has approved recovery of Rs.1,55,468/- towards overpayment of pay and allowances. Being aggrieved, the applicant has filed the present OA seeking the aforementioned reliefs.

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed rejoinder.

4. The applicant in the OA and through his counsel during the arguments has taken the following grounds seeking the aforementioned reliefs.

4.1 The respondents issued SCN to the applicant videletter dated 5.10.2020 (Annexure A-7). Learned counsel for the applicant states that this letter is not a SCN rather it is like a recovery order. The SCN does not give the reasons forrecovery. It states that an amount of Rs.1,55,468/- is pending recovery from the applicant. However, as the initial recovery of Rs.3,10,943/- was quashed by the Tribunal, the fresh SCN should have included the total amount ofRs.3,10,943/-. Instead, the SCN