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.

ORDER

1. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs :-

“(i) “Direct the respondents to issue fresh amended PPO and fixed the pension of the applicant on the last Pay Band of Rs. 5200-20200 Grade pay 2400/- on the post of Mason-II instead of Pay Band of Rs.5200-20200 Grade Pay 2000/- Khalasi and accordingly pay the differences of arrear of pension and also make settlement of retiral benefits on the said pay and pay the differences of arrear of retiral benefits with 18% interest per annum to the applicant from the date of entitlement to the date of actual payment is being made to the applicant.

(ii) Direct the respondents to refund the recovered amount of Rs.2,24,071/- which was illegally recovered from the DCRG etc. with 18% interest per annum from the date of recovery to the date of actual payment is being made to the applicant;

(iii) Grant any other relief, as the applicant might be found entitled to, on the facts and circumstances of the case;

(iv) Allow the original application with cost in favour of the applicant for involving in the litigation.”

2. The facts leading to this Original Application as apparent from the record that the original applicant, who died during the pendency of Original Application, was appointed on 06.01.1980 on the post of Mason-II on the pay-scale of Rs.5200-20,200/-+Grade Pay of Rs.2400/- and was superannuated from services on 31.03.2016 from the office of the Deputy Chief Signal & Telecom Engineer (Construction), North Eastern Railway Gorakhpur on the post of Helper Khalasi in Group ‘D’ category. Subsequently, a recovery amounting to Rs.2,24,071/- has been done from the pension of the original applicant, although his pension was fixed in the low pay band on the post of Khalasi in Group ‘D’ category i.e., Rs.5200-20,200+2000 Grade Pay instead of pay band of Mason-II i.e., Rs.5200-20,200+2400 Grade Pay.

3. On the other hand, counter-affidavit has been filed from the side of the respondents and resisted the claim of the applicant. In counter-affidavit, it is stated that the applicant was initially engaged as Casual Labour on 16.11.1980 in the employment of respondents and subsequently granted temporary status w.e.f. 01.01.1984. The applicant was further granted ad-hoc promotion to the post of Mason on 16.02.1985 in Group ‘C’ category and later on, his services were regularized in Group-D w.e.f. 31.12.1997 as per Railway Board Circular dated 03.09.1996 after qualifying the screening test.

4. It is further stated in the counter-affidavit that by virtue of the Circular of Railway Board being RBE No.101/2009 dated 10.06.2009 as clarified vide Circular dated 19.12.2011, financial upgradation under Modified Assured Carier Progression Scheme (hereinafter referred as ‘MACP’) are provided to the employees of Railway after completion of 10, 20 and 30 years of regular service in the grade respectively. The first MACP would be admissible on completion of 10 years of regular service from the date of joining of the post in the entry grade, 2^nd MACP would be admissible on completion of 20 years of service from the date of initial appointment or 10 years from the date of 1^st financial upgradation/promotion, whichever is earlier and 3^rd MACP /financial upgradation would be admissible on completion of 30 years of service from the date of initial appointment or 10 years from the date of 2^nd Financial upgradation /promotion, whichever is earlier. As per the extent rul