Saima Javed vs Union Territory of Jammu and Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 1081

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member
Saima Javed – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Kamran Khalid
For the Respondents: Mr. Sudesh Magotra, Ld. AAG

Table of Content
1. challenges recovery of excess npa during pg studies. (Para 1 , 2)
2. recovery justified under study leave rules. (Para 3)
3. frames issues on notice, fraud, prior compliance. (Para 4 , 5 , 6 , 7 , 8)
4. recovery breaches natural justice absent fault. (Para 9 , 10 , 11)
5. past payments irrecoverable without fraud. (Para 12 , 13 , 14 , 15)
6. quashes recovery; mandates prospective decision. (Para 16 , 17 , 18)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “allow the instant Original Application;

b) to set aside and quash the Order No. HΜΕ-Acct/147/2023-02 dated 17.08.2023 and the endorsement made on the Last Pay Certificate (LPC) of the applicant, whereby recovery has been ordered for an amount of Rs 4,85,800/-, on account of alleged excess payment of Non-Practicing Allowance (NPA), as the said action has been taken in violation of the principles of arbitrary, natural justice is and unconstitutional, and discriminatory;

c) direct the respondents to release the salary to the applicant without any deductions or delays;

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2026 Supreme(Online)(CAT) 1081

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, Judicial MemberSaima Javed – AppellantVersusUnion Territory of Jammu and Kashmir – Respondent

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member
Saima Javed – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent