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OA.No.170/00372/2024/CAT/BANGALORE

CENTRAL ADMINISTRATIVE TRIBUNAL

BANGALORE BENCH, BENGALURU

ORIGINAL APPLICATION NO.170/00372/2024

AND

MISCELLANEOUS APPLICATION NO.170/00375/2024

ORDER RESERVED ON: 24.02.2026

DATE OF ORDER: 02.03.2026

CORAM:

HON’BLE MR. JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

HON’BLE MR. SANTOSH MEHRA, MEMBER (A)

D. Shankar Narayanan

S/o K.N. Damodaran

Aged 64 years

Rtd Chief Office Superintendent

S.W. Railway Divisional Office

Bengaluru-23 … Applicant

(By Advocate Shri K. Shivakumar)

Vs.

1. Union of India

Rep. by General Manager

South Western Railway

Gadag Road, Hubballi – 580 020.

2. Senior Divisional Personnel Officer,

South Western Railway,

Bengaluru – 560 023.

3. Sri. Supromani Swamy

Rajbhasha Adhikari

Digitally signed by

Mikasha

Mikasha Suneja

Location: CAT

Suneja Bangalore

Date: 2026.03.02

15:57:30+05'30'

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OA.No.170/00372/2024/CAT/BANGALORE

S.W. Railway Divisional Office,

Bengaluru – 560 023. ...Respondents

(By Shri N. Amaresh, Senior Panel Counsel)

O R D E R

PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

1. This OA has been filed on 27.06.2024 for refund of the

amount of Rs.41,174/- with the interest @ 18% and for the

interest upon DCRG amount. The relief claimed in para 8 of this

OA is as under:-

“(i) Direct the respondents to refund the unlawful

recovered amount of Rs.41,174 forthwith with 18%

interest for the entire DCRG amount of Rs.13,12,740

from the date of Retirement as the

recovery/withholding of DCRG is impermissible and,

(ii) Grant any other relief or reliefs as deemed fit

and proper in the interest of justice and equity.”

2. It is an admitted position that the applicant was working

as Chief Office Superintendent in the General Branch of South

Western Railway, Bengaluru and he superannuated on

30.09.2020. At the time of superannuation, “No-Dues

Certificate” (Annexure – A1 and A2) were issued. Thereafter, at

the time of payment, his DCRG was withheld. When the

applicant enquired about the aforesaid, then he received two

Digitally signed by

Mikasha

Mikasha Suneja

Location: CAT

Suneja Bangalore

Date: 2026.03.02

15:57:30+05'30'

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OA.No.170/00372/2024/CAT/BANGALORE

letters dated 10.11.2020 and 23.11.2020 (both Annexure – A4).

In response to the aforesaid letters, the applicant also filed the

reply (Annexure – A5) and a representation (Annexure – A6). On

21.01.2021, the amount Rs.12,62,561/- was released and the

amount Rs.41, 174/- was deducted from the settlement of dues.

3. As per applicant, the DCRG was wrongly withheld and

the amount Rs.41,174/- was illegally deducted from the

settlement dues. The main contention of the applicant is based

upon “No-Dues Certificate” (Annexure – A1 and A2). Upon the

basis of aforesaid documents, it is submitted by the counsel for

applicant that, when “No-Dues Certificate” was issued, then no

recovery can be made, because the aforesaid Certificates were

issued after verification of all the records available with the

Office. The Office cannot deduct the amount after issuing the

“No-Dues Certificate”.

4. The applicant also filed an application, MA No.375/2024

for condonation of delay on 27.06.2024. It is submitted in the

aforesaid application that the cause of action was available from

21.01.2021 to 21.01.2022. Applicant was expecting some action

from the respondents upon his representations made to the higher

authorities. The Corona exemption was also available up to

28.02.2022. Therefore, the delay is only for 28 months (850

Digitally signed by

Mikasha

Mikasha Suneja

Location: CAT

Suneja Bangalore

Date: 2026.03.02

15:57:30+05'30'

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OA.No.170/00372/2024/CAT/BANGALORE

days) which is unavoidable. Hence, he has also requested to

condone the delay.

5. The respondents opposed the claim for filing the reply

statement on 10.12.2024. It is submitted by the respondents that

the application has been filed beyond the limitation prescribed

under Section 21 of Administrative Tribunals Act, 1985. The

cause of action has occurred on 21.01.2021 when the

outstanding amount of Rs.41,174/- was withheld, but the

applicant filed this petition on 27.06.2