(Reserved on 22.12.2025)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No.265/2025 This the 22^nd of January, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Prashant Kumar aged about 61 years, Son of Late Mana Dev Prasad, Resident of House No.52 Pata Bidhuna Auraiya District Auraiya 206241.

………..Applicant By Adv: Shri Radha Mohan Pandey Versus

1. Union of India through General Manager, Northern Railway, Delhi 2. Sr. Divisional Personnel Officer, Northern Railway, Ambala Cantt.

3. Divisional Railway Manager, Northern Railway, Ambala Cantt. 4. Sr. Divisional Electrical Engineer, Memu Car Shed, Saharanpur.

……….. Respondents By Advocate: Shri Krishna Kumar Ojha

O R D E R

By Justice Rajiv Joshi, Member (Judicial)

Heard Shri Radha Mohan Pandey, learned counsel for the applicant and Shri Krishna Kumar Ojha, learned counsel for the respondents.

2. The applicant has filed the instant Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking a following relief(s):-

“i. to issue an order or direction commanding the respondents to quash in the order dated 03.12.2024 to the extent deduction of gratuity for the tune of Rs.168151 and leave encashment Rs.13800 and deduction of medical facilities of a tune of Rs.54000 and further be paid to direct the respondents to refund the entire alleged with handed amount in make its payment with the interest of delayed payment in favour of the applicant. ……..”

3. The brief facts of the case, as emerges from the Original Application, are that the applicant was initially appointed as Technician Grade-III on 19.12.2001 in the pay scale of Rs. 3050–4500. He was subsequently promoted to Technician Grade-II on 26.08.2004 in the scale of Rs. 4000–6000, thereafter to Technician Grade-I in the scale of Rs. 4500–7000 and ultimately promoted to the post of Junior Engineer.

3.1 While the applicant was in service, the respondent No. 2, vide order dated 17.07.2012, raised a demand of Rs. 28,297/- towards alleged overdue. The applicant duly deposited the entire said amount within time, as evidenced by the receipt dated 03.09.2014 and no dues remained outstanding against him thereafter.

3.2 However, after a lapse of several years, the respondent No. 2, by order dated 21.03.2024, re-fixed the pay of the applicant by modifying his pay as on 01.07.2007 from Rs. 11,510/- to Rs. 11,380/- and again re-fixed his pay as on 03.10.2023 from Rs. 56,900/- to Rs.

55,200/-, resulting in recovery of amounts already settled earlier.

3.3 Aggrieved thereby, the applicant made representations dated 22.03.2024 and 08.04.2024 pointing out the illegality in the refixation of pay, but the same were rejected vide order dated

04.04.2024 and the subsequent representation remained pending.

3.4 The applicant retired from service on 30.06.2024. At the time of retirement, amounts towards gratuity, leave encashment and medical aid were deducted by treating the alleged overdue as outstanding, despite the fact that the same had already been paid long back.

3.5 The applicant again submitted a representation dated 25.11.2024 seeking refund of the deducted post-retiral benefits and grant of notional increment. While the issue of notional increment stands covered in favour of the applicant by the decision of this Tribunal dated 28.02.2024 in Prabhat Kumar vs. Union of India & Others, the respondents have unjustly withheld and deducted the applicant’s lawful retiral dues. Hence, the applicant has approached this Tribunal seeking refund of the illegally deducted amounts along with due interest.

4. In the Short Counter Affidavit filed from the side of the respondents on 20.11.2025, they have denied the claim of the applicant and stated that;

4.1 Prior to the retirement of the applicant on 30.06.2024, his service records were scrutinized and it was noticed that the pay drawn by him on the basis of letter dated 17.07.2012 issued by Firozpur Division was not supported by a 6th CPC pay fixation chart duly ve