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2025 Supreme(Online)(CAT) 14642

CENTRAL ADMINISTRATIVE TRIBUNAL
Murari Lal – Appellant
Versus
Finance Department – Respondent


Judgement Key Points

What are the rights of an employee denied parity of treatment with similarly situated colleagues after a promotion withdrawal? What is the legal standing of a "person-specific" judgment in cases of discrimination? How to address the withdrawal of promotion and recovery of pensionary benefits after long service?

Key Points: - The applicant, Murari Lal, was promoted as Examiner on 27.11.1997, along with Smt. Sushma Khanna and Shri Sham Lal (!) (!) . - The applicant served as Examiner for nearly eighteen years until 2015 (!) (!) . - In 2015, the applicant's promotion was withdrawn, pay was re-fixed, and pensionary benefits were reduced, purportedly due to a High Court judgment (!) (!) . - Smt. Sushma Khanna, similarly promoted and affected, successfully challenged the withdrawal in court, leading to the quashing of the withdrawal orders and restoration of benefits (!) (!) . - Shri Sham Lal, also promoted under the same order, was not subjected to withdrawal of promotion or reduction in pay and pension (!) (!) . - The Tribunal found the denial of parity to the applicant to be discriminatory and violative of Article 14 of the Constitution (!) (!) . - The defense that the judgment in Sushma Khanna's case was "person-specific" was deemed misconceived, as the relief was based on the interpretation of service rules (!) (!) . - The Tribunal held that settled service benefits cannot be unsettled after long years, especially without allegations of misrepresentation or fraud (!) (!) . - Pension is a deferred portion of wages, and its reduction and recovery after retirement, without alleged misrepresentation, is impermissible (!) (!) . - The Original Application was allowed, quashing the withdrawal orders, directing the restoration of promotion, pay, pension, and refund of any recovery (!) (!) .

What are the rights of an employee denied parity of treatment with similarly situated colleagues after a promotion withdrawal?

What is the legal standing of a "person-specific" judgment in cases of discrimination?

How to address the withdrawal of promotion and recovery of pensionary benefits after long service?


-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 1363/2023 Reserved on: - 18.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Murari Lal, Age -66 years, S/o Late Sh. Pandlu Ram R/o Village Rahya, Tehsil Vijaypur, District Samba. 184121.

...Applicant (By Advocate: - Mr. Rajinder Jamwal VERSUS

1. Union Territory of Jammu & Kashmir Through Commissioner/

Secretary Finance Department, Govt. of J&K, Civil Secretariat, Jammu/Srinagar. 180001

2. Director General Funds Organisation, J&K, Muthi, Jammu.

181205

3. Director Funds, Muthi, Jammu. 181205 4. District Funds Officer, Samba. 184121

5. Chief Accounts Officer, Samba. 184121 …Respondents.

(By Advocate: - Mr. Rajesh Thapa, ld. A.AG., Mr. Hunar Gupta, ld.

D.A.G.

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) The instant application be allowed.

b) The respondent be directed for reinstatement of the petitioner as examiner from the date he was promoted i.e. 27

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