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2025 Supreme(Online)(CAT) 7018
CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, M[J], Prasant Kumar, M[A]
Ghulam Rasool Lone – Appellant
Versus
UT of J&K through Principal/Secretary to Government, PW(R&B) Department, J&K Civil Secretariat, Jammu/Srinagar – Respondent
M.A No. 718 of 2025 | O.A No. 922 of 2023
For the Appellants/Petitioners: Mr. M. A Chashoo
For the Respondents: Mr. Rais-ud-Din Ganaie
Recovery of excess payments from superannuated employees is barred where no fraud is established.
Headnote:The judgment involves analysis under SRO 59/1990 regarding pensionary benefits for daily wagers. The Tribunal found that recovery of excess payments cannot be made from superannuated employees and directed release of benefits per prior judgments. The court asked respondents to consider claims for benefits based on the orders from previous similar cases. Verdict issued not to recover amounts and to provide appellants their rightful benefits within 8 weeks.
| Table of Content |
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| 1. employment benefits for retirees must be honored without wrongful recovery. (Para 2 , 4 , 5) |
| 2. previous rulings protect retirees from recovery of perceived excess payments. (Para 6 , 7 , 8) |
| 3. decision mandates timely payment of rightful benefits to the applicants. (Para 9 , 10) |
Hon’ble Mr. D.S. MAHRA, M[J]
1. Learned Counsel for both the parties are present.
2. The learned counsel for the applicants has filed instant M.A No. 718/2025, seeking disposal of the O.A No. 922/2023, as per the directions passed in the similarly situated matters, by this Tribunal, Central Administrative Tribunal, Jammu Bench, and the Hon’ble High Court of J&K and Ladakh, in catena of judgments such as, OA No:- 1016 of 2021 titled Mohd Yousuf Joo VS UT of J&K Decided on 23-04-2025 by CAT Srinagar, OA No:-1230/2022 titled Mohd Sunil Kumar Sharma VS UT of J&K Decided on 25-10-2024 by CAT Jammu, O.A. No.1284/2021 titled Parveen Singh and Ors Vs UT (with clubbed 39 matters vide order dated: 18.09.2024 by Division Bench of CAT Jammu, O.A.No.117/2024 titled Ghulam Ahmad Malla VS UT dated: 12.02.2025 by Single Bench of CAT Srinagar, Ο.Α.No.592/2023 titled Mehraj ud din & Ors Vs UT of J&K dated: 27.09.2024 CAT Bench Srinagar, O.A.No.85/2025 titled Zahoor Ahmad Malla Vs UT of J&K dated: 12.02.2025 CAT Srinagar, O.A.No.340 & 341/2024 titled Rehsi Raj Thakur Vs UT of J&K dated: 17.09.2024 CAT Jammu, WPC No.296/2024 titled Jamsheed Ahmad Khan Vs UT dated: 28.08.2024 by Division Bench of Hon'ble Court.
3. He prayed that instant O.A No. 922/2023 may also be decided on the same analogy as has been done in the above mentioned similarly situated matters and the respondents may be directed not to recover any amount from the applicants, which has been extended in their favour in terms of SRO 59 of 1990.
4. Learned counsel for the applicants has submitted that the applicants were initially appointed as Daily Wager and subsequently, their services were regularized in the respondents department as Class IV employees. The applicants retired from their services and their cases for grant of retiral benefits were forwarded to the respondent No. 5. However, the said respondent without any authority and jurisdiction had released the pensionery benefits while excluding the benefits of pay revision given to them in lieu of SRO 59 dated 06.02.1990, vide communications forwarded to the applicants. The learned Counsel for the applicants has submitted that in the identical matters, Central Administrative Tribunal Jammu Bench, this Tribunal, and the Hon’ble High Court of J&K and Ladakh, directed the respondents not to recover any amount from the applicants and to pay the retiral benefits in their favour granted in terms of SRO 59 dated 06.02.1990. He has further submitted that this Tribunal in the similarly situated matter bearing OA No. 592/2023, titled “Mehraj-ud-Din and ors VS UT of J&K & ors” decided on 27.09.2024, and other matters mentioned above had also directed the respondents to release all benefits in favour of the applicants as per the pay revision, granted in their favour vide SRO 59 dated 06.02.1990.
5. The learned counsel for the applicant has fairly submitted that it will suffice, if the respondents are directed to release the pensionery benefits in favour of the applicants, as per pay revision, granted to them in terms of SRO 59 dated 06.02.1990, and in light of the orders passed on 27.09.2024, by this Tribunal in OA No. 592/2023 titled Mehraj-ud-Din and Ors Vs. UT of J&K and Ors, within a stipulated period.
6. Mr. Rais-ud-Din Ganaie, Dy. AG, appeared for Respondents.
7. Heard and considered the material available on record.
8. Perusal of the record reveals that this Court has passed the order in OA No. 592/2023, titled Mehraj-ud-Din and Ors Vs. UT of J&K and Ors, on 27.09.2023, the operative para of which is reproduced as under:-
“So far as the recovery of the excess payment with effect from the date on which the benefit of SRO 59 /1990, was granted to the a
