CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00671/2024 DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 HON’BLE MRS. JUSTICE S SUJATHA ...MEMBER(J) HON’BLE DR.SANJIV KUMAR ...MEMBER(A)

Shri Ashok Kumar, Age: 61 years, S/o Late V.A.Kumbar, Retired as U.D.C., O/O Executive Engineer (Elect), Civil Construction Wing, All India Radio, Rajbhavan Road, Bangalore -560001.

Residing at: No.2359, 17^th Cross, Old Post Office Road, Behind show up Yelahanka New Town, Bangalore -560064. ...Applicant (By Advocate Shri P.Kamalesan)

Vs.

1. Union of India, Represented by Secretary, Ministry of Information and Broadcasting, ‘A’ Wing, Sastry Bhavan, New Delhi -110001.

2. The Executive Engineer (Electrical), Civil Construction Wing, All India Radio, Rajbhavan Road, Bangalore-560001.

3. The Pay and Accounts Officer, All India Radio, Kamaraja Salai, Mylapore, Chennai-600004. ...Respondents (By Advocate, Shri Sayed S. Kazi for Respondents No.1 to 3)

O R D E R Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“I. Quash the Memorandum No.EEE/BNG/ ADMN/21(AK)/2023 dated 01.02.2024 vide Annexure A3 issued by the O/o Executive Engineer (Elect) Civil construction Wing, All India Radio, Rajbhavan Road, Bangalore-560001,Respondent No.2.

(b) Consequently direct the respondents to refund Rs.1,03.232/- (One lakh three thousand and two hundred thirty two ) the recovered amount to the applicant with interest.

(c) Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.”

2. The facts in brief as narrated by the applicant are that the applicant, who was working as UDC at the office of the Executive Engineer (Elect), Civil Construction Wing, All India Radio, Rajbhavan Road, Bangalore, retired on superannuation from 28.02.2024. Respondent No.2 issued revised pay fixation order vide letter dated 06.11.2023 at the verge of retirement of the applicant. Further, vide Memorandum dated 29.01.2024, Respondent No.2 informed that in accordance with an instruction issued by the Pay and Accounts Officer, Akashavani, Chennai, Respondent No.3, the pay of the applicant was revised with effect from 28.04.1998 due to incorrect increment, granted from 28.04.1998 after availing 539 days EOL (without a medical certificate) and withdrawal of 3^rd MACP wrongly granted with effect from

14.09.2014. The applicant was informed vide Memorandum dated 01.02.2024 issued by Respondent No.2 that an amount of Rs.1,03,232/- will be recovered from DCRG/EL encashment of the applicant. Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Shri P.Kamalesan representing the applicant submitted that the applicant was working as UDC Group ‘C’ cadre at the time of his retirement. The respondents issued revised pay fixation order revising his pay from 28.04.1998 on 06.11.2023, after 25 years, that too when the applicant was due to retire on 28.02.2024. Placing reliance on the judgment of the Hon’ble Apex Court in State of Punjab and others and Rafiq Masih (White Washer) and others, reported in (2015) 4 SCC 334, the learned Counsel submitted that the order of recovery from the retiral benefits of the applicant is against the legal principles enunciated by the Hon’ble Apex Court. Moreover, no show cause notice was issued to the applicant before recovering the amount. As such, the impugned recovery is held to be unjustifiable.

4. After issuance of notice, the respondents have appeared through their learned Counsel and a detailed reply statement has been filed. The defence set up by the respondents is that during the service verification process conducted by the Respondent No.3, prior to the applicant’s retirement on superannuation, it was noticed that increment granted to the applicant on 28.04.1998 after availing Extraordinary leave (EOL) for 539 days (without a medical certificate) fr