CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA O.A. No. 050/00582/2023 Reserved on : 30.04.2024 Pronounced on: 22.05.2024 C O R A M HON’BLE MR AJAY PRATAP SINGH, MEMBER [J]

Anil Kumar, S/o Late Shiba Chandra Prasad, resident of Mohalla – Aanandpuri, Bibiganj, Ward No.-7, Near Railway Pani Tanki Muzaffarpur, P.O. – Muzaffarpur Head Post Office, P.S.-Muzaffarpur Sadar, District – Muzaffarpur – 842001. Retired on attaining age of superannuation on 31/07/2022 as Chief Commercial Inspector, O/o Pr. Chief Commercial Manager, East Central Railway, Hajipur.

………. Applicant.

-Versus-

1. The Union of India through the General Manager, East Central Railway, Hajipur, District-Vaishali at Hajipur-844101.

2. The Pr. Chief Personnel Officer/General Manager (Personnel) East Central Railway, Hajipur, District-Vaishali at Hajipur-844101.

3. The Principal Chief Commercial Manager, East Central Railway, Hajipur, District-Vaishali at Hajipur-844101.

4. The Assistant Personnel Officer (Personnel), O/o Pr. Chief Personnel Officer/General Manager (Personnel), East Central Railway, Hajipur, District-Vaishali at Hajipur-844101.

5. The Assistant Personnel Officer/ESM, for General Manager (Personnel)/Hajipur-844101.

……… Respondents.

FOR APPLICANT: Shri Jayant Kumar Karn, Advocate FOR RESPONDENTS: Shri Hare Ram Singh, Addl. Standing Counsel O R D E R AS PER : AJAY PRATAP SINGH, MEMBER [JUDICIAL]

1. Grievance of the applicant as projected by Shri Jayant Kr. Karn, learned counsel for applicant challenging the order dated 26.07.2022 whereby he has been informed that on verification of his service book his pay has been re-fixed accordance with RBE No.33/2016 and benefits granted earlier in light of RBE No.33/2016 has been withdrawn on updated instruction of Railway Board and to set-aside order dated 16.12.2022 rejecting representation of applicant.

PRAYER

2. The applicant has claimed following main relief (as extracted from the OA) as under :-

“A. File No. ECR-HQ0PERS(COML)/47/2020-O/o Dy-CPO/

HQ/ECR dated 26-07-2022, issued under the signature of Asstt. Personnel Officer /ESM for General Manager (Personnel)/ Hajipur, as contained in Annexure A/1, may be quashed and set aside, whereby the representations of applicant dated 06.07.2022 and 08.07.2022, made against his erroneous denial of annual increment due on 01.07.2022 and re-fixation without putting him to any notice, have been rejected.

B. File No. ECR-HQOPERS(COML)/472020-O/o Dy-CPO/ HQ/

ECR dated 16.12.2022, issued under the signature of Assistant Personnel Officer/ESM, for General Manager (Personnel)/ Hajipur, as contained in AnnexureA/2, may be quashed and set aside, whereby the representation of applicant dated

10.12.2022 has again been rejected.

C. The re-fixation carried out by Railway Administration at the time of retirement of applicant, without putting him to any notice and without issuing him any such order / Chart, may be declared erroneous and bad in law.

D. The respondent authorities may be directed to carry out re-

fixation of Pension and all other Pensionary benefits of applicant by allowing him the benefits of annual increment due upon him on 01.07.2022, in terms of his earlier fixation and to allow arrears of all his Pensionary benefits as well as arrears of balance amount of his pension alongwith statutory interest thereupon.

E. Any other relief / reliefs as the applicant is entitled and Your Lordships may deem fit and proper in the ends of justice.”

FACTS IN BRIEF

3. Briefly stated facts as adumbrated by the applicant is that he has been superannuated on 31.07.2022 from the post of Chief Commercial Manager. The respondents have re-fixed the pay of applicant in light of updated instruction relating to RBE No.33/2016 and fixation carried out earlier has been withdrawn and pay of applicant has been re-fixed. Resultantly, recovery of ₹2,66,744/- from applicant’s DCRG has been withheld in name of overpayment so also reduced his basic pay to ₹2100/.

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