CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 27/2025 Reserved on: - 22.04.2025 Pronounced on: -12.06.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Zakir Hussain, Aged 60 years S/o Hafizulla Shah R/o Village Nuna Bandi, Tehsil Haveli, District Poonch-185101.

.... APPLICANT (By Advocate: - Mr. N.D. Qazi)

VERSUS

1.Union Territory of J&K through Commissioner/Secretary to Government, Power development Department, JKPDCL Civil Secretariat. Srinagar/Jammu-180001

2. Chief Engineer Distribution, JKPDCL, Jammu-180001

3. Superintending Engineer, O&M Circle (JKPDCL), Rajouri-185131

4. Executive Engineer, Sub Transmission Division JPDCL Kalakote, District Rajouri-185202

5. Accountant General A&E, Jammu and Kashmir Jammu-180001

6. Assistant Accounts Officer, Pay Verification Cell, Accountant General Office, J&K Jammu/Srinagar-180001.

7. Financial Commissioner, CODES Division Finance Department, Civil Secretariat, Jammu-180001 …Respondents.

(By Advocate: - Mr. Hunar Gupta, D.A.G

(Mr. Akshay Sadotra)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “The an order No.CEJ/LIT/16 of 2024 dated 06-11-2024 by virtue of which the applicant has been denied the benefits SRO- 59 of 1990 dated 06-02-1990 and impugned order No.FD- Code/126/2021-3-1687 dated 21-08-2023 of recovery qua the applicant may kindly be quashed and set aside alongwith the order dated 09-12-2024 issued by respondent No.5 and the respondents are directed not to recover any amount from the pay/pensionary benefits of the applicant.

b) That the impugned orders of recovery qua the applicant may kindly be quashed and set aside and respondents be directed not to recover any amount from the pensionary benefits of the applicant.

c) The respondents may be directed that the amount recovered from the pay/pensionary benefits of the applicant, shall be refunded to the applicant.

d) The respondents shall be directed to pay pension to the applicant on the basis of last pay drawn by the applicant.

e) Any other order or direction which the Hon'ble court may deem fit and proper in the given facts and circumstances of this case may also be issued in favour of the applicant and against the respondents, the same would be in consonance with law and justice.

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

a) The applicant, a retired Class-IV employee, was entitled to the benefits of SRO-59 of 1990, which provided for rationalization and upgradation of pay scales. The said benefit had been granted to similarly situated employees, but was unjustly denied to the applicant without any justification.

b) The applicant, along with other similarly placed persons, had earlier approached this Tribunal by way of O.A. No. 1465/2023 titled Zakir Hussain & Ors. vs. UT of J&K & Ors., challenging inter alia the impugned Order No. FD-Code/126/2021-03-1687 dated 21.08.2023, by which recovery from the salaries/pensions of the applicants was directed, and their pay scales slashed retrospectively.

c) The Tribunal, while disposing of the said O.A. on 08.11.2023, directed the respondents to treat the Original Application as a representation, pass a reasoned and speaking order within four weeks, and further restrained the respondents from effecting any recovery in the meantime, relying upon the ratio of the Hon’ble Supreme Court in State of Punjab vs. Rafiq Masih (2015) 4 SCC 334.

d) In complete disregard of the Tribunal's directions, the respondents rejected the applicant’s claim vide order dated 06.11.2024 (Order No. CEJ/LIT/16 of 2024), re-affirming the earlier recovery order dated 21.08.2023. The said order was passed without affording any opportunity of hearing or considering the applicant’s representations.

e) The applicant contends