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CENTRAL ADMINISTRATIVE TRIBUNAL
Suresh Kumar Batra, J
Smt. Swarn Lata – Appellant
Versus
Union of India through Secretary to Government of India, Ministry of Information and Broadcasting – Respondent
| Table of Content |
|---|
| 1. filing of application under administrative tribunals act (Para 1 , 2 , 4) |
| 2. prior court judgments referenced concerning recovery (Para 3 , 8 , 14) |
| 3. applicant's position and arguments against recovery (Para 6 , 12 , 20) |
| 4. legal principle around consent and recovery by applicant (Para 15 , 21) |
| 5. final dismissal of the application affirmed (Para 26) |
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(i) Quash the letter / Order dated 4.7.2016 (Annexure A-1) to the extent while sanctioning pension to the applicant, an endorsement has been made that a recovery of Rs.2,31,843/- is to be made from her leave encashment and order dated 1.8.2019 (Annexure A-1/1), vide which the representation filed by applicant against recovery has been rejected only on the ground that the applicant had given an undertaking for making recovery from her, which is illegal and arbitrary, discriminatory, violative of principles of natural justice, harsh and law declared by Hon'ble Apex Court of the country including decision of Hon'ble Central Administrative Tribu
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