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2025 Supreme(Online)(CAT) 7083
CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, Member(Judl)
Abdul Rashid Ganie – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent
O.A. No. 645/2025
For the Appellants/Petitioners: Mr. Qayi Ayaz
For the Respondents: Mr. Syed Musaib, DAG, Mr. B A Zargar
Recovery of benefits under SRO 59 not permitted; applicant entitled to pension based on last pay drawn.
Headnote:(A) Service Law - SRO 59 of 1990 - Recovery of amount withheld from gratuity - Legal position settled by Tribunal’s prior order - Applicant entitled to benefits as per the last pay drawn at the time of superannuation. (Paras 2, 4)
(B) Judicial Authority - Superiority of legal precedents - The court reaffirmed the entitlements of the applicant based on previous judgments. (Paras 2, 4)
Facts of the case:
The applicant, initially a daily wager, had his services regularized in 1994 and superannuated in 2022. He claimed withheld gratuity under SRO 59 of 1990.
Findings of Court:
The Tribunal directed that no recovery should occur under SRO 59, and all retiral benefits must be computed based on last pay drawn.
Issues: Whether recovery of benefits granted under SRO 59 of 1990 is justified and the computation of pension based on last pay drawn.
Ratio Decidendi: The court noted that legal precedents dictate that benefits once granted cannot be recovered. The applicant's pension should reflect the last pay during service.
Result: OA No. 645/2025 is disposed of accordingly.
D.S. MAHRA, MEMBER [JUDL.]
01. Learned counsel for the applicant submits that the applicant was initially engaged as a daily wager in the year 1987. Subsequently, his services were regularised with effect from 1994. He further submits that during the Devendra Digitaly signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER=
4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN=
Tripathi D Re ev ae sn od nr : a I aT mrip ta ht eh i author of this document course of his service, the applicant was granted the benefit of SRO 59 of 1990 in the year 2010. The applicant superannuated in the year 2022. He submits that the respondents have withheld the applicant’s gratuity and have also initiated recovery of the amount that had been extended to him under SRO 59 of 1990.
02. Learned counsel for the applicant contends that the legal position on this issue has already been settled by this Tribunal vide order dated 12.02.2025 in OA No. 117/2024, wherein it was held that the respondents are not entitled to recover any amount granted under SRO 59 of 1990. He further relies upon the judgment of the Hon’ble Supreme Court in Thomas Daniel vs. State of Kerala & Ors., 2022 LiveLaw (SC) 438, in support of the applicant’s case.
03. Mr. Syed Musaib, learned Deputy Advocate General, and Mr. B A Zargar appears on behalf of the respondents.
04. In view of the law laid down by the Hon’ble Supreme Devendra Digitaly signed by Devendra Tripathi DN: C=IN, O=Personal, T=5448, OID.2.5.4.65=1335902360675164369yr67OOaFf4FUU, Phone=236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806, PostalCode=210205, S=Uttar pradesh, SERIALNUMBER=
4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, CN=
Tripathi D Re ev ae sn od nr : a I aT mrip ta ht eh i author of this document Court in Thomas Daniel vs. State of Kerala & Ors., 2022 LiveLaw (SC) 438, and the order passed by this Tribunal in OA No. 117/2024 dated 12.02.2025, the applicant is entitled to the benefit of both decisions. Accordingly, the respondents are directed not to recover any amount extended to the applicant under SRO 59 of 1990. The respondents are further directed to compute the applicant’s pension based on the last pay drawn at the time of his superannuation. All retiral benefits shall be paid to the applicant without any deduction on account of SRO 59 of 1990, within a period of eight weeks from the date of receipt of a certified copy of this order.
05. With this, OA No. 645/2025 is disposed of accordingly.
