O R D E R (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To direct the respondents to refund the recovered amount of Rs.1,77,328/- forthwith with 18% interest as the recovery is impermissible as per the orders of the Hon’ble Supreme Court of India and the orders of the Railway Board.

b) To grant any other relief or reliefs as deemed fit and proper in the interest of justice and equity.

2. The facts of the case as averred by the applicant in his pleadings, are as follows:

a) The applicant was working as Station Master in Bengaluru division of South Western Railway. He retired from service on superannuation on 31.08.2019.

b) About 10 days prior to his retirement, the applicant's pay was reduced from 17.08.2005 onwards and a memorandum to that effect was issued on 20.08.2019. The applicant was not informed about the proposed downward revision prior to his retirement and the copy of the memorandum dated 20.08.2019 received by him on 03.09.2019 is placed as Annexure-A1.

c) At the time of retirement, he was paid with all the settlement dues calculated on the reduced pay except that of the encashment of leave salary payable for the leave on average pay at credit. When inquired it was informed that the leave salary would be paid separately after verifying the leave at credit details.

d) The applicant was having 300 days of leave at credit at the time of retirement for which he was expecting to be paid with the encashment of leave salary of Rs. 8,07,520/- (on the reduced last pay drawn of Rs.72,100/-). However, he was actually paid with Rs. 6,30,192/- only. On inquiry, he was informed orally that Rs.1,77,328/- was recovered towards overpayment of pay and allowances for which no intimation was given to the applicant.

e) Since the action of the respondents in recovering the amount from the settlement dues was very much against the orders of the Hon’ble Supreme Court in White Washer case and of the RBE no.72/2016 issued by the Railway Board, the applicant made representations on 15.10.2019, 13.07.2020 and 02.11.2020 requesting the respondents to arrange for the refund of the amount erroneously recovered from the leave salary of the applicant. The respondents replied on 19.11.2020 to the grievance submitted to the Pension Adalat 2020, by justifying their action.

f) As the action of the respondents is very much against the orders of the Hon’ble Supreme Court and of the Railway Board, the applicant has no other alternative and speedy remedy than to approach this Tribunal.

g) The Service Register of the employee is required to be reviewed at least 6 months prior to the date of retirement. But in the case of the applicant, it was not followed and the review has been done just a few days prior to his retirement. The recovery has been made without giving any notice and the decision has been taken unilaterally at the back of the applicant. The over payment, if any, is not due to the fault of the applicant. All the pay fixations at every stage of promotion or pay commissions were made by the respondents only.

h) The recovery has been made from the settlement benefits of the applicant though it is prohibited by the orders of the Hon’ble Supreme court in White washer case and the same has been ordered to be complied with by all the departments by the DOP&T office memorandum dated 02.03.2016 which has been fully adopted for implementation by the Railway Board under RBE no.72/2016 dated

22.06.2016.

3. The respondents have filed their written statement wherein they have averred as follows:

a) The present application has not been filed within the limitation period prescribed under Section 21 of the Administrative Tribunal Act, 1985. Hence the O.A. is not maintainable in the eyes of law and liable to be dismissed on the account of limitation alone. The applicant has approached this Tribunal on 07.12.2022, i.e., after about