ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application the applicant is seeking the following relief:

“ This Hon'ble Tribunal may be pleased to call for the records pertaining to Proceeding No.SCR/P-SC/529/ Mech.Rng/ Bills/SNF dt.30.11.2021 issued by the 3^rd respondent ordering recovery of Rs.1,85,724/- in three monthly instalments from December, 2021 to February, 2022 at the rate of Rs.61908/- per month without issuing any notice or following the Judgement of the Hon'ble Supreme Court in the case of State of Punjab Vs Rafiq Mash (Washer man) and set aside the same as illegal, unjust and arbitrary and consequently direct the respondents to restore his pay and refund the recovered amount and pass such other order or orders deemed fit and proper in the interest of justice.”

2. The brief facts of the case are that the applicant was initially engaged as a casual labour in the Railway Electrification Project from 13.03.1980 and thereafter, he was regularised in the Traction Distribution station on 12.03.1986. While working in the Electric Loco Shed as Fitter Gr.II, he was selected as Assistant Loco Pilot in the then pay scale of Rs.3050-4590 and he was promoted as Senior Assistant Loco Pilot in the pay scale of Rs.4000- 6000. In May 2009, he was further promoted as Loco Pilot (Goods) and transferred to Sanatnagar Loco Shed. In the month of January, 2021 applicant noticed reduction in basic pay and as such, he submitted a representation dt.29.06.2021 to the 3rd respondent for restoring his pay. When the representation was pending with the authority, by proceeding dt.30.11.2021 he was intimated that recovery of overpayment of Rs. 1,85,724/- is ordered from his salary in 3 instalments commencing from the pay bill of December,2021 to February,2022 in equal instalments of Rs.61,908. The above order is received by the applicant in January and by that time recovery of 1st instalment was effected and aggrieved by it, he submitted a representation to the 3rd respondent requesting to discontinue the recovery in view of the Hon'ble Supreme Court judgement in the Rafiq Masiah case and orders issued by DOP&T in regard to prohibiting such recovery. As the applicant is fulfilling the conditions specified therein, he requested refund of recovered amount and stoppage of further recovery. However, he learnt that further instalment of recovery is going to be made from the salary of January, 2022 onwards before his retirement from service on

28.02.2022 and as such applicant filed present O.A.

3. After notice the respondents have appeared through their counsel filed a detailed reply and opposed the relief on the ground that the applicant who came to be joined as a casual laborer, granted temporary status on 01.01.1984 and thereafter, his services were regularized in the organization on 12.03.1986. While working as a Fitter Gr.II in Electric Loco Shed, he was selected as Assistant Loco Pilot and subsequently he came to be promoted as Senior Assistant Loco Pilot, and further progressed as Loco Pilot (Goods) in Level-6 of 7^th CPC and retired from the Railway Services on attaining age of superannuation on 28.02.2022. It is stated by the respondents that after fixation of pay of the applicant in 6^th CPC at Rs.11800/- in PB-1 with Grade Pay Rs.1900, he continued to draw further annual increment up to January 2021 and the pay is reduced in February 2021 which resulted in excess payment of pay and allowances of Rs.1,85,724/- to the applicant for which he is not eligible. The applicant being a Loco Pilot (goods), is well aware of the increment rules, but while he was in service, he had never represented the matter to the administration for the overpayment of pay and allowances and enjoyed the excess payment of the said pay and allowances, which is public money and for which is not eligible and entitled. Hence, the first installment at Rs.61,908/- out of the said overpayment of Rs.1,85,724/- has been recovered in the month o