CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, CAMP AT NAGPUR ORIGINAL APPLICATION No598/2025 Date of Decision: 15th October, 2025 CORAM : HON’BLE MR. SHRI KRISHNA, MEMBER (A)

Pramod Kumar Mishra Aged 62 years, occu-Retd.

Flat No.A/101, M.B. Town 3, Jhingabai Takli, Godhni Road, Nagpur – 440 030 Mob:9356366690. - Applicant (By Advocate Shri S.V. Benerjee)

Versus

1) The Union of India through General Manager S.E.C. Railway, Bilaspur (CG)

Pin – 495 004.

2) Sr. Divisional Personnel Officer S.E.C. Railway, Kingsway, Nagpur, Pin – 440 001.

3) Sr. Divisional Finance Manager S.E.C. Railway, Kingsway, Nagpur, Pin – 440 001. - Respondents (By Advocate Shri N.P. Lambat)

ORAL ORDER The applicant has filed this OA under Mil A a l n p h J a a n c s k o son DDP3P6CRLDF 0b oo ho iN Nea g f7 cx os at 7: = i eai c t tn s t d aC aM : 9 to e Pi 9 l l o2 = 2Cin =y 1 l Dn0 6a I : o N9 s :2F 9nI d c i, 5 f g a e8eJ R O . n m = 1 a 41 e e= 0 c40 a dP tk . 0e h d2 s1 ed1 b e e1 o2 r7 y r s na1 0 f8 o V 7 M u4 3bA n5 e t: ,d i hl 4 lae r p a S9 s o8 l7 h n, 4= i r : b o a O 3 cM J o c n n7 5 aI f 5 : as D 6 + c t 6 2 oh h3 0 .k2 0 a i8 5 s s 3. 2 r0 ' o5 3 a 4 d6 n. 0 sd4 . o9 4 h ' f A. c 91 6 . t 0 u l r6e p5 a m 14 h= , 08 a e 0 S80 n n 8 E32 s t 1 Rb o581I a A78 1 L69 0 N8a ea4U fcd0M 1a5 8 Be7 458E 8 bR 48d= c2930 6 fd f89 7f205 dd7 41c c 83f b 9d8 64b bf0a 1fb 51f 8d6 bcf,4 , , Section 19 of the Administrative Tribunals Act, 1985 to quash and set aside the impugned Annexure A-1)

order dated 20.04.2023 ( by which the amount of Rs.43,320/- was ordered to be recovered from his retiral dues on account of excess/overpayment.

2 . During arguments, learned counsel for the applicant submitted that out of the 4 relief claimed in para 8 of the OA, he is pressing only for relief Nos.8(i) and (ii) to quash and set aside the impugned order and to refund an amount of Rs.43,320/- and he is not pressing for relief in para 8(iii).

3 . It is the case of the applicant that he was due for retirement on superannuation on 30.04.2023 and just 10 days before his retirement, the respondents have passed the impugned order for recovery of alleged excess/overpayment of Rs.43,320/- which pertains for the period October, 2022 to March 2023. He submits that there is a mistake in the impugned order as the Mil A a l n p h J a a n c s k o son DDP3P6CRLDF 0b oo ho iN Nea g f7 cx os at 7: = i eai c t tn s t d aC aM : 9 to e Pi 9 l l o2 = 2Cin =y 1 l Dn0 6a I : o N9 s :2F 9nI d c i, 5 f g a e8eJ R O . n m = 1 a 41 e e= 0 c40 a dP tk . 0e h d2 s1 ed1 b e e1 o2 r7 y r s na1 0 f8 o V 7 M u4 3bA n5 e t: ,d i hl 4 lae r p a S9 s o8 l7 h n, 4= i r : b o a O 3 cM J o c n n7 5 aI f 5 : as D 6 + c t 6 2 oh h3 0 .k2 0 a i8 5 s s 3. 2 r0 ' o5 3 a 4 d6 n. 0 sd4 . o9 4 h ' f A. c 91 6 . t 0 u l r6e p5 a m 14 h= , 08 a e 0 S80 n n 8 E32 s t 1 Rb o581I a A78 1 L69 0 N8a ea4U fcd0M 1a5 8 Be7 458E 8 bR 48d= c2930 6 fd f89 7f205 dd7 41c c 83f b 9d8 64b bf0a 1fb 51f 8d6 bcf,4 , , respondents have stated in para 1 of the said order that the applicant was granted 2nd MACP in pay matrix level-8 from 16.02.2018 and his pay was, accordingly, fixed at Rs.1,02,800/- and drawn through salary from the month October, 2022 and annual increment granted and pay was fixed at Rs.1,05,900/- with effect from 01.01.2023. However, as per the reply of the respondents at page 76 of the OA, it has been stated that 2nd MACP in Pay Matrix Level-8 (GP-4800/-) was erroneously granted to the applicant on 16.02.2018. Thus, the mistake on the part of the respondents pertains to 16.02.2018.

4 . Learned counsel for the applicant submits that the applicant was working as Chief Divisional Traffic Inspector which is a Group ‘C’ post. Therefore, the applicant is fully covered by the judgment of Hon’ble State of Punjab and Supreme Court in the case of Others Vs. Rafiq Masih (White Washer) and others, (2015) 2 SCC (L&S) 33.

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