Recovery of excess payments from retired employees, especially Group-C, is impermissible if it causes undue hardship.

……Respondents For the applicant : Mr. N.R.Routray,Sanjukta Patra, Counsel For the respondents : Mr. A.K. Mohapatra, Counsel Kalpeswar Digitaly signed by Kalpeswar Behera DN: cn=Kalpeswar Behera, o=Central Administrative Tribunal O R D E R SUDHI RANJAN MISHRA, MEMBER (J):

The case of the applicant is that he was initially appointed as Assistant Loco Pilot on 26.08.1987, promoted to the post of Assistant Shunting Driver, then Loco Pilot, thereafter promoted to Sr. Goods Driver w.e.f. 01.11.2003, Loco Pilot Passenger w.e.f. 01.07.2006 and finally promoted to the post of Mail/Express Driver w.e.f. 07.08.2013. While working as Mail/Express Driver on attaining the age of superannuation he retired from service on 31.01.2025. The grievance of the applicant is that just before his retirement, alleging wrong fixation and overpayment from November, 2004 to December, 2024 his pay was refixed and, consequently, an amount of Rs.5,17,480/- has been recovered from the DCRG without any show cause and notice. It is submitted by the Ld. Counsel for the applicant that recovery from the retiral dues of the applicant is highly illegal since he is in no way responsible even if it is held that the amount was not due to him but paid to him by the respondents-department. Placing Kalpeswar Digitaly signed by Kalpeswar Behera DN: cn=Kalpeswar Behera, o=Central Administrative Tribunal reliance on the decision of the Hon’ble Apex Court in the cases of State of Punjab Vs. Rafiq Masih & Ors., (2015) 4 SCC 334, and Thomas Daniel Vs. State of Kerala , CA No. 7115/2010, the recovery from the retiral dues of the applicant is unwarranted and, according to the applicant, in the circumstances stated above, being aggrieved, he has approached this Tribunal in the present OA. and has prayed to direct the respondents to refund the illegal recovery amount of Rs.5,17,480/- from the DCRG with interest by quashing the speaking order dated 22.01.2025 (Annexure-A/2). It is submitted by the Learned Counsel for the applicant that this Tribunal has already decided similar issues in O.A. Nos. 577/2022, 419/2023 and

472/23 also.

2. Respondents filed their counter contesting the case of the applicant. It is submitted by Ld. Counsel for the respondents, that the applicant while working as Mail/Express Driver on attaining the age of superannuation he retired from service on 31.01.2025. Prior to his retirement, applicant’s Service Record was reviewed. While reviewing the service record of the Kalpeswar Digitaly signed by Kalpeswar Behera DN: cn=Kalpeswar Behera, o=Central Administrative Tribunal applicant, it was found that he was promoted to the post of Goods Driver to Sr. Goods Driver in Non-functional post on 01.11.2003 and at that time his pay was inadvertently fixed at Rs.6375/- instead of Rs.6200/-. As such the same was rectified vide Office Order No. SER/P-CKP/Elect.(OP)/NKS/Re- Fixation/2024 dated 18.12.2024. It is further submitted that, since the matter was came to the notice just at the fag end of service, as such he was informed vide letter dated 22.01.2025 issued by the Office of Sr.DPO, S.E.Railway Chakradharpur where overpayment of Rs.4,87,008/- was detected on account of wrong fixation of pay/drawal of increment from the month of November, 2004 to December, 2024 which will be adjusted from his DCRG. Accordingly, an amount of Rs.5,17,480/- was recovered from his settlement dues i.e. from DCRG in terms of Rule 15(4)(i)(b) of Railway Servants (Pension) Rules, 1993. It is further submitted by the learned counsel for the respondents that as the excess pay drawn was recovered from the settlement dues of the applicant i.e. from DCRG in terms of Rule 15(4)(i)(b) of Railway Servants (Pension) Rules, 1993, Kalpeswar Digitaly signed by Kalpeswar Behera DN: cn=Kalpeswar Behera, o=Central Administrative Tribunal accordingly, it has been prayed that the O.A. being devoid of any merit is liable to be dismiss