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CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Om Prakash, J, Mr. Mohan Pyare, A
Ram Shanker Dubey – Appellant
Versus
Union of India through General Manager, North Eastern Railway – Respondent
| Table of Content |
|---|
| 1. pay was unjustly reduced without due notice. (Para 2 , 3) |
| 2. arguments presented highlighted illegal recovery actions. (Para 6 , 7) |
| 3. court emphasized necessity of natural justice in pay adjustments. (Para 9 , 10 , 12 , 14 , 16) |
| 4. recovery actions must follow established legal principles. (Para 11 , 13) |
| 5. court quashed the recovery orders and directed refund. (Para 18) |
ORDER
Delivered by Justice Om Prakash VII, Member (J)
The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:-
“(i) The Hon’ble Tribunal may graciously be pleased to quash and set aside the impugned order dated 30.08.2019 (Annexure A-1) issued by Sr. ADEN (Line) North Eastern Railway, Varanasi, impugned calculation chart of recovery of alleged excess payment of Rs. 2,07,278/- vide letter No. Misc. 214/MBS dated 23.09.2019 issued by SSE (Works) NER Madho Singh (Annexure A-2) and impugned second time revised pay fixation chart of 07th Pay Commission and order passed on 10.10.2019 on proposal dated 30.08.2019 of Sr. ADEN (Line)/NER Varanasi (Annexure A-3) and direct the respondents to restore the pay fixation o
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