CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, CAMP AT NAGPUR ORIGINAL APPLICATION No.119/2025 Dated this Friday the 16th January, 2026 CORAM : HON’BLE MR. SHRI KRISHNA, MEMBER (A)

Raju Ramchandra Thool S/o Ramchandra Bhwaji Thool, Age about 61 years, R/o Plot No.28, Ward No.1, Shankarpur, Wardha Road, Nagpur – 441 108.

-Applicant Mob No.9822939065 (By Advocate Shri R.K. Shrivastava)

Versus

1. The Union of India, Through The Secretary, Mil A an lp h Ja a c n k s s o on DDPP6MRLDF b oo ho iN ea i g l7 cx osaat : eai c t tn ns t aCa : 9 to e Pi l lJo2 = 2C n =y D an0 6 I : 3 oN c s :2F 9I 0d k i, 6 f g a fees R O7 . n m = 0 o1d e e= 1 4n0 9 a dP t. 0 h 1 d2 A 1e 1 b e 9 e1 l2r p y c r s a 0 8 h 8o V M u5 3ba 4n e t: ,d i nh la r a S9s e s o4 ln, o4= i d r :o O 5 cM7J o n 7 3 faI f : aD 6 + c t 2 h5 h3 0 .k2 0 ae i8 5 s s 2 r70 ' o5 34 d b6 n 0 s4 . o c9 h ' A5 c1 6t 0 u 6l re p5a m4 h=,3 8 a e 0S0 n n 8Ed2 s t 1fRb o591Ia6A8 11L9 00Na e84Uf3c 0M1 588B774 8E68 b8R4 da=cd9 0a6 fed f957 2 5 d87 42c c38 f b 988 6fb b0a 1db 51f 836 bd4 ,4 ,f 0CN1d=c, M L i o n d i h s i t r R y o a o d f , E N a e r w t h D e S l c h i i e n – c e 1 , 1 0 M o 0 u 0 s 3 a . m Bhavan, 2. The Director General of Meteorology, India Meteorology, Department Mousam Bhavan, Lodhi Road, New Delhi – 110 003.

3. The Controller of Accounts, Ministry of Earth Sciences, Principal Accounts Officer, A-20 Mousam Bhavan, Lodhi Road, New Delhi – 110 003.

4. The Pay and Accounts Officer, India Meteorology Department, Shivaji Nagar, Pune – 411 005.

5. The Deputy Director of Meteorology, Regional Meteorological Centre, Airport, - Respondents Nagpur – 440 005.

(By Advocate Shri Bhaskar D. Pandit)

ORDER The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to quash and set aside the order dated 26.07.2023 by which an amount of Rs.87,971/- was recovered from his Gratuity and refund the same alongwith interest @12% p.a. on recovered amount.

2 . Brief facts of the case are that the applicant was appointed as Peon in a Group ‘D’ post on 06.05.1987 and was promoted as Observatory Attendant on 01.11.1994, which was Mil A an lp h Ja a c n k s s o on DDPP6MRLDF b oo ho iN ea i g l7 cx osaat : eai c t tn ns t aCa : 9 to e Pi l lJo2 = 2C n =y D an0 6 I : 3 oN c s :2F 9I 0d k i, 6 f g a fees R O7 . n m = 0 o1d e e= 1 4n0 9 a dP t. 0 h 1 d2 A 1e 1 b e 9 e1 l2r p y c r s a 0 8 h 8o V M u5 3ba 4n e t: ,d i nh la r a S9s e s o4 ln, o4= i d r :o O 5 cM7J o n 7 3 faI f : aD 6 + c t 2 h5 h3 0 .k2 0 ae i8 5 s s 2 r70 ' o5 34 d b6 n 0 s4 . o c9 h ' A5 c1 6t 0 u 6l re p5a m4 h=,3 8 a e 0S0 n n 8Ed2 s t 1fRb o591Ia6A8 11L9 00Na e84Uf3c 0M1 588B774 8E68 b8R4 da=cd9 0a6 fed f957 2 5 d87 42c c38 f b 988 6fb b0a 1db 51f 836 bd4 ,4 ,f 0CN1d=c, subsequently designated as Meteorological Attendant on 01.04.1995. Later on, the posts of Group ‘D’ were upgraded to Group ‘C’ post by the

6th CPC w.e.f. 01.01.2006.

2.1 On 28.03.2001, one Shri P.G. Kumbhalkar, junior to the applicant was granted financial upgradation under ACP scheme with date of next increment as 01.03.2002. As per prevailing rules, the date of increment of the applicant was shifted from 01.11.2001 to 28.03.2001 bringing him at par with his immediate junior Shri P.G.

Kumbhalkar. He continued to get the pay equal to his immediate junior Shri P.G. Kumbhalkar. After almost 22 years, the respondent No.4 informed the respondent No.5 on 13.06.2023 that the antedating of date of increment from 01.11.2001 to 28.03.2001 was incorrect and the amount overpaid needs to be recovered.

2.2 The applicant retired from service on superannuation on 31.07.2023 and amount of Rs.87,971/- was deducted from his Gratuity without giving him any notice. He has placed reliance on the judgment of Hon’ble High Court Mil A an lp h Ja a c n k s s o on DDPP6MRLDF b oo ho iN ea i g l7 cx osaat : eai c t tn ns t aCa : 9 to e Pi l lJo2 = 2C n =y D an0 6 I : 3 oN c s :2F 9I 0d k i, 6 f g a fees R O7 . n m = 0 o1d e e= 1 4n0 9 a dP t. 0 h 1 d2 A 1e 1 b e 9