CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH OANo.56 of 2017 th Dated this the 5 day of December, 2025 Reserved On :21.08.2025 Pronounced On : 05.12.2025 CORAM : Hon’ble Mr. Jayesh Bhairavia, Member (J)

Hon’ble Dr. Hukum Singh Meena, Member (A)

Shri Jayantkumar Pathak, S/o. Rameshbhai Pathak, Aged 61 years, Ex. Sr. Pass Guard SS/Anand)

R/o 21/Nilkanth Park Society, Nr.Modern School, Opp. A-Cabin, Bajwa Railway Station, Bajwa, Vadodara – 391 310 …Applicant (By Advocates:Ms.S.S.Chaturvedi)

VERSUS

1) Union of India Notice to be Served through General Manager, Western Railway, Churchgate, Mumbai – 400 020.

2) Divisional Railway Manager (E), Western Railway, Pratapnagar, Vadodara - 390 004.

3) Senior Divisional Account Officer, Western Railway, DRM Office, Pratapnagar, Vadodara - 390 004.

(By Advocates: Ms. A.B.Makwana) … Respondents.

O R D E R Per : Hon’ble Dr. Hukum Singh Meena, Member (A)

Being aggrieved by the Pension Payment Order (PPO)

No.20167081200447 dated 28.06.2016 (Annexure-A/1), the applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985 seeking following relief:-

“8.1 Lord ships be pleased to admit this petition.

And be pleased to issue order quash and setting aside Order PPO No. 20167081200447 dated 28-06-2016 Annexure A/1. And be pleased to direct the respondent to issue the revised PPO accordance with the basic pay of Rs. 26,840/-

with all consequential benefit.

8.2 Be please to direct the respondent to refund the amount recovered Rs. 1,63,860/ with

18% interest.

8.3 The Order for be call for the record.

8.4 Any other relief which the Hon'ble Tribunal deems fit.

8.5 Cost of suit be awarded.”

2. Brief facts of the case of the applicant are as follows:-

2.1 The applicant retired on 30.06.2016 from Railway as Senior Passenger Guard under SS/WR/ANND. As per the Pay Slip for the month of May, 2016, his basic pay was Rs.26,840/- 2.2 It is pleaded that Office of DRM (E) BRC, i.e., the Respondent No.2 vide letter dated 30.06.2016 (Annexure-A/2) conveyed to the applicant herein that consequent upon his superannuation on 31.05.2017, his settlement dues amounting to Rs. 31,95,326/- has been paid on 30.06.2016 in his Salary Account and along with the said letter applicant has been supplied with the copy of PPO, Service Certificate etc.

However, instead of Rs. 31,95,326/- the Railway deposited only Rs. 30,31,466/- in his Bank Account ( i.e, an amount of Rs.9,34,713/- as GPF benefits and an amount of Rs.20,96,753/- as other benefits total amounting to This was deposited in the Union Bank of India, Bajwa on 07.07.2016)

(Annexure-A/4).

2.3 It is stated that the respondent without any intimation, illegally inflicted a recovery of an amount of Rs.1,63,860/- from the applicant’s pensionary benefits.

On inquiry from the office, the applicant was informed that the recovery was made due to availing the leave without pay and Extra ordinary Leave.

2.4 Further, it is stated that on receipt of the PPO dated 28.06.2016 the applicant herein came to know that his pay has been reduced from Rs.26,840/- to Rs.26,360/-. It is the grievance of the applicant that without assigning any reason and prior intimation to him, the respondent had reduced his pay.

2.5 According to the applicant, as per the last pay slip, his pay was mentioned as @ Rs.26,840/-, (i.e., Basic Pay + Rs.14,762/ + 55% Running Allowance (i.e total Rs.41,602/-.) Therefore, on the basis of the said facts, the applicant should have been given Rs.20,801/- as Basic Pension per month. However, the respondent had issued PPO for the pension of only Rs.20,429/-.

2.6 It is stated that the respondent has reduced the applicant’s Basic Pay from Rs.26,840/- to Rs.26,360/- and recovered the so called excess payment from his final settlement including the pensionary benefits which is arbitrary and against the law laid down in this regard by various Bench of this Tribunal and Hon’ble Supreme Court. Therefore, the applicant had submitted a representation on 29.07.2016 against