Recovery of overpayment impermissible from retired lower-grade employees near superannuation, despite correctable pay fixation errors on inter-railway transfer.

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 as a Pointsman 'A' and was drawing basic pay of Rs. 10430/- in the Pay Band of Rs. 5200- 20200 with Grade Pay of Rs. 1900/-in the Jabalpur Division, in the Central Railway. Due to his family commitments, he sought transfer from Jabalpur to Southern Railways, on personal grounds, and joined Southern Railways on 26/02/2010 in the post carrying the Pay Band of Rs. 5200-20200 with Grade Pay Rs. 1800. His Basic Pay was originally fixed at Rs. 10330/- in terms of RBE No 40/2012. Later, on the pretext of extending II MACP, the Applicant’s pay was once again refixed as Rs. 10430/- in the Pay Band of Rs. 5200-20200 with Grade Pay of Rs. 1900, with effect from 27/02/2010 and, further, granted III MACP to the grade Pay Rs.2000/- with effect from 06.04.2011. He retired from service on 31.03.2014, on attaining the age of superannuation.

2.2. It is submitted that, as the applicant was holding the post carrying the Grade Pay of Rs.1900/- and, upon transfer, was absorbed in a post carrying the Grade Pay of Rs. 1800/- in terms of RBE no. 08/2013, dated 31/01/2013, past promotion should have been ignored. The applicant, having joined the Railway Service on 06/04/1981 and retired on 31/03/2014, and, having completed 32 years 11 months and 25 days of service, should have been extended the I and II MACPs to the Grade Pay of Rs. 1900/- & 2000/-, with effect from 01.09.2008, and III MACP to the Grade Pay of Rs. 2400/-, with effect from 6/4/2011.

2.3. In the past he had given many representations, on different dates, and, in response to one such representation, the 2nd Respondent passed the Order bearing No P(S) 443/11/MAS/Vol.VII, dated 17/10/2016, as follows:-

“Since the pay in the Pay Band has been protected at the time of Inter Railway Request Transfer, the promotions earned in the previous organisation has been counted as 1st Promotion/MACP and you have been granted 2nd MACP to 1900 for completing 20 years service (with effect from the date of Joining this Railways) and 3rd MACP to GP 2000 on completion of 30 years of service. Hence you are not entitled for MACP to GP 2400."

2.4. Aggrieved, the Applicant filed O.A No. 1639 of 2018 before this Tribunal and, after going into the merits of the case, this Tribunal directed the Respondent to pass a speaking order in the light of facts on record and in accordance with the relevant Railway Board Circulars, within a period of 2 months.

2.5. The Applicant gave a comprehensive Representation, dated 2/1/2019, to the 2nd Respondent who rejected the representation, vide the impugned order, dated 20/5/2019.

2.6. The impugned order stated that,

"While granting MACP on 8.4.2013, the pay of the applicant in the pay band was erroneously considered as Rs.10270 instead of Rs. 8370 and the same was subsequently rectified on 26/9/2013. Only the c