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2024 Supreme(Online)(CAT) 11314

CENTRAL ADMINISTRATIVE TRIBUNAL
Varun Sindhu Kul Kaumudi, Member (A), M. Swaminathan, Member (J)
Bijjoo Naidu – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: R. Rajesh Kumar
For the Respondents: Dr. D. Simon

Table of Content
1. applicant's transfer, pay fixation, macp claims, and impugned recovery. (Para 2)
2. pay rules on transfer to lower post; past promotions count for macp. (Para 4 , 5 , 6 , 7 , 8)
3. erroneous pay fixation rectifiable; recovery barred near retirement. (Para 9 , 10 , 11 , 12)
4. quash recovery with interest; reject higher pay fixation. (Para 13 , 14)

ORDER

(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“To Set aside the Impugned Order dated 20/5/2019 Learing Ref No P(S)353/II/Misc Court Cases/MAS/Vol II and consequently direct the Respondents to fix the Basic pay Applicant at Rs. 10270/- from 1/7/2009 and consequently pay all the arrears of the pay along with recovered amount of Rs. 1,01182/- (Rupees One Lakh One Thousand One Hundred Eiglity Two Only) and pensionary benefits with all attended and consequential benefits and pass such or other order as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case and thus render justice.”

2. The facts of the case, as submitted by the Applicant, are as follows, in brief:-

2.1. The Applicant joined the Respondent Organisation

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