ORDER

The present OA has been filed by the applicant seeking quashing of the orders dated 18.05.2020, 26.05.2020 and 15.12.2023 vide which the respondents have re-fixed the pay of the applicant and ordered recovery of Rs. 3,46,056/- from the amount of gratuity payable to the applicant.

2. Factual Matrix

2.1 Factual matrix of the case is that the applicant joined as Junior Engineer on 25.05.1989 with the respondents and he was subsequently promoted as Assistant Engineer (AE) on ad hoc basis w.e.f. 31.05.2013. A stipulation was there in the order for the ad hoc promotion that the applicant would clear the departmental examination within two years, which was mandatory requirement to get his promotion regularized. The applicant appeared for the said examination from time to time. He could pass only paper-A of the said examination, and could not pass the other parts i.e. B and C which he appeared in 2015 and 2016 respectively. The applicant retired from the services on attaining the age of superannuation on 29.02.2020. After retirement, the respondents re-fixed the pay of the applicant vide order dated 18.05.2020 (Annexure A-1 Colly) and subsequently ordered recovery of Rs.3,46,056/- from