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CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Sanjeev Gupta, Ms. Pragya Sahay Saksena, JJ
Sadhay Ram – Appellant
Versus
UT of J&K through Commissioner/Secretary, Jal Shakti (PHE) Department – Respondent
| Table of Content |
|---|
| 1. retirement benefits based on last pay certificate. (Para 2) |
| 2. counterarguments regarding improper pay fixation. (Para 3 , 4) |
| 3. applicants' entitlement to benefits despite alleged errors. (Para 5 , 6) |
| 4. permissibility of re-examining pay fixation. (Para 7 , 8) |
| 5. judicial precedent against recovery of wrongly conferred benefits. (Para 9 , 10 , 11) |
| 6. order to quash rejection and direct payment of benefits. (Para 12 , 13 , 14) |
ORDER
This is the second round of litigation. In the first, the applicants being aggrieved of inaction of respondents in fixing and releasing the post retiral benefits based on their last pay certificate had filed Original Application No. 1305 of 2023 before this Tribunal which was disposed of vide order dated 03.10.2023 with direction to respondents to consider the case of the applicants for grant of retiral benefits on the basis of last pay drawn certificates and on the analogy of similarly situated persons. When this order was not complied with, within the stipulated time, the applicants filed Contempt Petition No. 03 of 2024 before this Tribunal. Subsequently, the respondents rejected the case of the applicants vide order dated 25.05.2025 (i
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