CENTRAL ADMINISTRATIVE TRIBUNAL (RESERVED ON 10.06.2025)

JAMMU BENCH, JAMMU Hearing through video conferencing Transfer Application No.61/7884/2021 Pronounced on: - 18.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Angrez Singh Age 66 years S/o Late Sh. Faquir Singh R/o 62-A, Daily Excelsior Lane, Indira Colony, Janipur, Jammu-180007 ....Applicant (Through Advocate: Mr. Abhinav Sharma, Ld. Sr. Adv.)

VERSUS

1. Union Territory of J&K Through Chief Secretary to Govt.

Irrigation and Flood Control Department Civil Secretariat, Jammu-180001 Ministry of Jal Shakti Department, Email: ifcjmu@gmail.com

2. Commissioner/Secretary Irrigation and Flood Control Department Civil Secretariat, Jammu-180001

3. Chief Engineer Irrigation and Flood Control Department, Jammu-180001

4. Executive Engineer Irrigation Division-II Satwari, Jammu-180003

5. Accountant General Rajpura, Canal Road, Jammu-180001 ….Respondents (Through Advocate: Mr. Rajesh Thapa, learned A.A.G. for R 1 to 4 and Mr. Akshay Sadotra, ld. Adv. For R 5)

O R D E R Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2336/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7884/2021 by the Registry of this Tribunal. 2. The present matter was filed before the Hon’ble High Court and subsequently amended the T.A. wherein the petitioner has prayed the following relief(s):

“a. allow the instant Original Application;

b. quash Gratuity Payment Order dated 24.03.2014, whereby and whereunder, recovery of Rs 1, 59,155/- has been illegally made from the Gratuity payable to the applicant, the same having been informed to the applicant vide communication No. Admn-II/J/A&E/RTI/2022-23/56 dated 22.09.2022 c. quash "Due-Drawn" Statement, whereunder an amount of Rs 159155/- has been shown as "Net Recovery" amount to be deducted from the Gratuity of the applicant;

d. quash PPO No. 111337449, whereunder, Retirement Gratuity of Rs 425401.00 (instead of calculating the same in accordance with rules/norms)

has been calculated;

e. quash letter No. SPVC/ A&E/J/S-B/2013-14/1378 dated 07.08.2013 on the basis of which pension of the applicant has been fixed at lower rate than that entitled on the basis of the last pay drawn by the applicant, with direction to refix the pension of the applicant on the basis of last pay drawn by the applicant; f. Command and direct the respondents to settle the pension of the applicant on the basis of the last pay drawn by the applicant at the time of superannuation; with further direction to the respondents to release the arrears of the pension after re-fixing the same on the basis of the last pay drawn by the applicant, with interest @ 12% per annum till the same is actually paid to the applicant:

g. Command and direct the respondents to refund the amount of Rs 1,59,155/- to the applicant, with interest at market rate, (which amount has been illegally recovered from the retirement gratuity of the applicant);

h. ANY other order or direction which this Hon'ble Tribunal may deem fit or proper in the facts and circumstances of the case.”

3. The facts of the case as averred by the applicants in their pleadings are as follows:

a. That the applicant come to be appoint as the daily wager on 09.02.1978 and remained as such till 11.08.1986 and the service of the applicant came to be converted into regular temporary establishment in the pay scale of Rs. 345-460 with effect from 12.08.1986 vide Govt. order No. PW-287(GR) of 1986 dated 12.08.1986 and XEN Irrigation Division Akhnoor vide Order No. AD-3/4910-19 dated 04.09.1986. In 1989, the applicant was placed in the pay scale of 630-940 of Works Supervisor (in terms of 1987 Revised Pay Rules) and vide order No. AD-1/3255-56 dated 02.01.1992, the applicant was declared as Quasi permanent vide SRO 75 of 1992 dated 30.03.1992, the pay of the applicant was fixed in the grade of 750-940 in terms of Revised Pay Rules 1992. Entry to this effect has