Central Administrative Tribunal Principal Bench, New Delhi O.A. No.977/2023 This the 12th day of November, 2025 Hon’ble Mr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

Ram Narain, S/o Lt. Sh. Bhalley Ram, Ex. Painter-I, Aged about 61 years, R/o V&PO-Jakhoda, Distt-Jhajjhar, Haryana-124507.

…Applicant (By Advocate: Mr. B.C. Nagar)

Versus

1. Union of India through The General Manager, Northern Railway, Baroda House, New Delhi-110003.

2. Divisional Railway Manager, State Entry Road, New Delhi-110055.

3. Sr. Divisional Finance Manager, State Entry Road, New Delhi.

…Respondents (By Advocate: Mr. U. Srivastava)

O R D E R (ORAL)

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The applicant has filed the instant OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s) :-

“1) to direct the Respondents to quash the impugned orders passed on 14/07/2021, 28/07/2021 and 14.08.2022/25/82022.

i) to refund the illegally deducted amount of Rs1,16,432 (One Lakh Sixteen Thousand Four Hundred and Thirty two) from the DCRG of the Applicant along with suitable penal interest.

(ii) to pay arrears of difference of DCRG, Leave encashment and full and final Pension from the date it became due by revising the Pension of the Applicant with suitable and penal interest.

(iii) any other relief, which this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case, may also be passed.

(iv) cost of the present case may be awarded in favor of the Applicant and against the respondents.”

2. On 12.11.2025, when the matter was taken up for hearing, after arguing for some time, learned counsel for the applicant submitted that he will confine his submissions to prayer clause 8(i) only i.e. “to refund the illegally deducted amount of Rs1,16,432 (One Lakh Sixteen Thousand Four Hundred and Thirty two) from the DCRG of the Applicant along with suitable penal interest.”. In view of the submissions made by the learned counsel for the applicant, the OA was heard with respect to prayer clause 8(i) to the exclusion of the rest of the prayer clauses at 8(ii), 8(iii)

and 8(iv).

2. The brief facts of the case are that the applicant was initially engaged as Casual Labourer and was conferred the Temporary Status on 08.04.1988. He was promoted as Technician-III and further promoted in GP 2400 w.e.f. 01.11.2013. Thereafter he was promoted as Technician/Painter-I w.e.f. 18.11.2015. The applicant was drawing pay of Rs.41,600/- from 01.07.2021 till the date of his retirement i.e. 31.07.2021. However, the pay of the applicant was reduced from Rs.41,600/- to Rs.40,400/- after his retirement. Resultantly, the retirement benefits of the applicant have been made on the basis of his basic pay as Rs.40,400/- instead of Rs.41,600/- and recovery of Rs.1,16,432/- has been illegally made from the DCRG payable to the applicant.

3. Feeling aggrieved, the applicant filed OA No.293/2022, which was disposed of on 08.02.2022 with a direction to the respondents to pass a reasoned and speaking order. Since the respondents did not pass any order within the specified time, the applicant filed CP No.253/2022 and in compliance thereto, the respondents passed order dated 14.08.2022, without considering the judgment of Rafiq Masih (supra).

4. Learned counsel for the applicant submitted that the reduction in pay and recovery of amount of Rs.1,16,432/- from the retiral dues of the applicant without assigning any reason or issuing any show cause notice is illegal and in violation of the Departmental Rules on the Establishment matters read with Equity of Law and Principles of Natural Justice.

5. Learned counsel for the applicant took shelter from the judgment of Hon’ble Hon'ble Apex Court in State Of Punjab & Ors vs Rafiq Masih (White Washer) AIR 2015 SC 696 dated 18.12.2014 and submitted that the Hon’ble Apex Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of rec