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CENTRAL ADMINISTRATIVE TRIBUNAL
Murari Lal – Appellant
Versus
Finance Department – Respondent
O.A./1363/2023
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 - In 2015, the applicant's promotion was withdrawn, pay was re-fixed, and pensionary benefits were reduced, purportedly due to a High Court judgment (!)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 (!) (!) .
-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. 27-11-1997 restoring with all consequential relief, one increment which was withdrawn pursuant to court order in "Aijaz Ahmed Bakshi vs. Ali Mohd Ganai & ors" LPA (SW) No. 79/2011 decided on 30/07/2013 wherein pay was refixed as Rs. 26840/- from and accordingly excess salary after deduction pursuant to refixtion was withdrawn, recovery made pensionary benefits with reduction in pension re-fixed, may kindly be quashed and petitioner be given all benefits including reinstatement of increment, refixation of salary and consequently pensioanry benefits pursuant to court orders in SWP No.2808/2015 in case titled 'Sushma Khanna v/s. State & ors,' at par with Sham Lal.
c) And any other writ, command or order or direction which this Hon'ble Court/forum may consider just, fair and proper in the facts and circumstances of the case.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The applicant, Murari Lal, was initially appointed as Assistant Compiler on 01.12.1980 in the Jammu and Kashmir Funds Organisation. In the ordinary course of service, he was promoted as Compiler and thereafter, on the recommendations of a duly constituted Departmental Promotion Committee, he was promoted to the post of Examiner vide Order No. 274-DF dated 27.11.1997, along with similarly situated employees namely Smt. Sushma Khanna, Shri Sham Lal and others. The promotion order was implemented in full, and the applicant continuously discharged duties as Examiner in the sanctioned pay scale attached to the said post. He remained in that position without interruption and drew salary accordingly till the year 2015. The applicant ultimately superannuated from service on
30.04.2017.
b) After nearly eighteen years of uninterrupted service as Examiner, the respondents issued Order No. 270-DF of 2015 dated 08.09.2015, whereby the applicant’s promotion as Examiner, along with one increment, was withdrawn and his pay was re-fixed retrospectively. Consequential recovery of alleged excess salary was effected, and the applicant’s pensionary benefits were reduced, resulting in fixation of pension at Rs. 26,330/- instead of Rs. 26,840/-, which was being paid to similarly placed colleagues. The impugned action was stated to have been taken in purported compliance of the judgment rendered by the Hon’ble High Court in Aijaz Ahmed Bakshi vs. Ali Mohd. Ganai & Ors., LPA (SW) No. 79/2011 decided on 30.07.2013.
c) The applicant asserts that despite identical facts and common promotion order, discriminatory treatment was meted out to him. While the salary and promotion of Shri Sham Lal were never disturbed, Smt. Sushma Khanna, who was similarly affected, approached the Hon’ble High Court in SWP No. 2808/2015. The said writ petition was allowed vide judgment dated 04.10.201
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