CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Nirmal Gupta – Appellant
Versus
State of Jammu & Kashmir – Respondent
| Table of Content |
|---|
| 1. grounds of appeal against pension recovery. (Para 3 , 4 , 5 , 8) |
| 2. limits on recovery following significant delays. (Para 10 , 12 , 19) |
| 3. court's response and subsequent orders. (Para 21 , 22 , 23) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 1274/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/65/2025 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “Writ petition under Art.226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir for quashment of orders dated 23-5-2018 whereby the order has been issued by the respondent No.3 to recover an amount of Rs,7,49,211 allegedly paid excess DA & MA from 1-5-1974 to 31-3-2018 and has directed the respondent No.4 to deduct Rs.9,323/per month from Family pension.
b) It is therefore prayed that in view of the facts and circumstances mentioned hereinabove the order impugned may kindly be quashed by allowing the petition and pass any other direction which this Hon'ble court deem appropriate.”
3. The facts of the case as averred by th
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