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2026 Supreme(Online)(CAT) 1211
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Vaishno Dutt – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transfer Application No. 7000/2021|SWP/WPC/474/2018
For the Appellants/Petitioners:Mr. Dhruv Pant, Ld. Sr. Advocate
For the Respondents: Mr. Hunar Gupta, Ld. DAG, Mr. Akshay Sadotra
Recovery of excess pay granted without employee fault prohibited, especially from low-grade/retired employees; benefits protected post-judicial implementation.
Headnote:SRO 59 of 1990 amended J&K Civil Services (Revised Pay) Rules, 1987, providing pay up-gradation for field staff without promotional avenues, rationalised by Government Order No.78-PDD of 1995. Petitioners, employees of Power Development Department appointed 1974-2003 as helpers/linemen, granted benefits per circulars implementing High Court orders in SWP No.2068/2015, later withdrawn by 2017 orders citing repeal by SRO 231 of 2003. Court found no fraud by employees, benefits lawfully granted. Issues framed as entitlement to SRO 59 benefits, legality of withdrawal/recovery, parity with other departments. Ratio: Excess payments due to employer's mistake without employee fault cannot be recovered from low-grade/retired employees; administrative clarifications apply prospectively. Transfer Application allowed; recoveries refunded, retiral benefits released.
| Table of Content |
|---|
| 1. transfer of writ; petitioners seek sro 59 pay benefits, challenge recovery orders. (Para 1 , 2 , 3) |
| 2. respondents justify withdrawal citing sro repeal, procedural violations. (Para 4) |
| 3. no recovery from employees for departmental errors; protect retiral benefits. (Para 5 , 6 , 7 , 8 , 9) |
| 4. application allowed; refund recoveries, release dues within 12 weeks. (Para 10 , 11) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WPC/474/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7000/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
i) It is therefore, most humbly prayed that in view of the submissions made hereinabove and those to be urged at the time of hearing, your lordship may very kindly be pleased to allow this writ petition in the nature of Writ of mandamus commanding the respondents to strictly adhere to the circular No.CEJ/Adm. (DPC)/SRO-59/1419-51 dated and to grant the benefit to the petitioner of SRO 59 of 1990 and also in view of Government Order No.78 PDD of 1995 dated 20.03.1995. With further prayer commanding the respondents not to make recovery from the petitioners and to given benefit of SRO 59 of 1990 to the petitioner which was repealed by and SRO 14 dated SRO 231 dated 15.07.2003 15.01.1996 with effect from 15.01.1996 and also grant benefits of grades of SRO 393 dated 27.11.1997 along with other SROs and government orders issued from time to time and place the petitioner in the superior grade given to the skilled which have already been workers/semi skilled workers which was emerged under SRO 49 of 1973 and amended from time to time and pay equal pay for equal work in view of the government order. With further prayer commanding the respondents not to recover the paid amount to the petitioner and also consider the claim of the petitioners on the analogy of similar situated employees of Irrigation, Flood Control and PHE department.
ii) Writ of certiorari, quashing the order No.CEJ/DPC/Court/35 of 2017 dated 20.10.2017, order No. CEJ/DPC/court/44 of 2017 dated 19.12.2017, order No.CEJ/DPC/court/16 of 2017, dated 25.07.2017 and order No.CEJ/DPC/Court/18 of 2017 dated 03.08.2017 being illegal, discriminatory, arbitrary, contrary to the law and rules and issued with malafide intention and also against the government orders and circulars issued from time to time and may also quashing any other order passed against the petitioners.
iii) Writ of prohibition, prohibiting the respondents from recovering the amount already provided to the petitioners in view of SRO 49 of 1973, amended from time to time and also under SRO 59 of 1990 and also in view of Government Order No.78 PDD of 1995 dated 20.03.1995.
iv) Any other writ order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be issued in favour of the petitioners and against the respondents.”
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The applicants in the present Transfer Application are serving and retired employees of the Power Development Department of the erstwhile State of Jammu and Kashmir, having been appointed over different periods between the years 1974 to 2003 in various field and technical cadres such as Helpers, Helper Linemen, Linemen, Switch Board Attendants, Technicians and allied designations. Some of the applicants have already superannuated, while others continue to be in service. Their service particulars, dates of initial appointment, present status and place of posting are duly reflected in the cause title of the application.
b) The grievance raised by the applicants emanates from the alleged denial and subsequent withdrawal of pay up-gradation benefits claimed under SRO 59 of 1990 read with Government Order No.78-PDD of 1995 dated 20.03.1995, whereby certain categories of fie
