-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 389/2025 Reserved on:- 08.09.2025 Pronounced on: - 31.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Pawan Kumar Sharma, Age 60 years S/o Sh. Des Raj Sharma R/o Basohli,Tehsil Basohli& District Kathua 184101.

...Applicant (By Advocate: - Mr. Sudershan Sharma)

VERSUS

1. Union Territory of Jammu and Kashmir through its Administrative Secretary to Government School Education Department Civil Secretariat, Jammu/Srinagar. Pin Code:180001

2. Principal Accountant General J&K, Jammu Pin Code:180001

3. Director School Education Jammu Pin Code: 181205

4. Joint Director, Divisional Funds Office Jammu 181205

5. Chief Accounts Officer District Fund Office, Kathua Pin code

184101.

6. Principal DIE.T. Basohli, Kathua Pin code 184201

7. Treasury Officer Vijaypur Pin code 184120

8. Treasury Officer Basohli Pin code 184201 …Respondents.

(By Advocate: - Mr. Sudesh Magotra, ld. AAG, Mr. Rajesh Thappa, ld. AAG, Mr. Akshay Sadotra for PAG, Mr. Suman Sudan)

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) Prayer seeking Quashing of the impugned order i.e., letter No.

DFOK/ 359-62 Dated: - 26-03- 2025 issued by respondent no. 5 wherein it has been requested that the amount of Rs. 18,43,520/- may be deducted from the applicant's retirement benefits viz-Cash-in-lieu of leave salary, Gratuity etc. and Treasury Officer Basohli i.e., respondent no. 8 is requested to affect the recovery from the Cash-in-Lieu of leave salary of the applicant, in the given facts and circumstances of the case.

b) Prayer seeking directions upon the respondent to release the gratuity of the applicant which has been withheld, in the given facts and circumstances of the case.

c) Any other relief which this Hon'ble Tribunal deems fit in the given facts and circumstances of the case in favour of the applicant and against the respondents may kindly be passed.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, a retired government servant, entered service in the School Education Department in the year 1986 pursuant to his selection by the then J&K State Subordinate Services Recruitment Board. He initially joined as a Teacher and, during the course of a long and unblemished career spanning nearly four decades, served the department in different capacities at various stations across the Union Territory of Jammu and Kashmir.

b) On account of his academic qualifications, experience, and service record, the applicant was promoted as Lecturer (Physics) and thereafter entrusted with higher administrative responsibilities. From time to time, he was posted as In-charge Principal at various Higher Secondary Schools and institutions, including DIET Basohli. Ultimately, the applicant superannuated from service in November 2024 while serving as Principal, DIET Basohli.

c) Upon retirement, the applicant initiated the process for settlement of his pensionary and retiral benefits, including gratuity, leave encashment, and final General Provident Fund (GPF) settlement. While pursuing his pension papers through the concerned offices, the applicant was informed by the Treasury Office that the release of his gratuity had been withheld on the basis of a communication issued by the Chief Accounts Officer, District Fund Office, Kathua.

d) The applicant was thereafter confronted with the impugned communication dated 26.03.2025, whereby respondent No. 5 directed recovery of an amount of ₹18,43,520/- from the applicant’s retiral dues, alleging that excess interest had been erroneously credited to his GPF account over the years and withdrawn by him.

e) It is the categorical case of the applicant that throughout his service tenure, his pay fixation, increments, s