Back
CENTRAL ADMINISTRATIVE TRIBUNAL
Ritu Tagore, J
Gh. Ahmad Bhat – Appellant
Versus
Union Territory of J&K – Respondent
| Table of Content |
|---|
| 1. recovery illegal without fraud, after 15 years, from class vi retiree. (Para 10) |
| 2. respondents defend recovery due to excess payment and consent. (Para 11 , 12) |
| 3. supreme court precedents prohibit recovery from low-grade retirees without fault. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. equity bars recovery of departmental errors causing employee hardship. (Para 23 , 24) |
| 5. consent under duress invalid; no estoppel against illegal recovery. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. article 242 limits pay verification to 24 months pre-retirement. (Para 32 , 33 , 34) |
| 7. recovery from gratuity harsh for ill retiree with family burdens. (Para 35 , 36 , 37) |
| 8. quash recovery; direct refund with interest on non-compliance. (Para 38 , 39 , 40 , 41) |
O R D E R (FINAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]
01. The applicant, a Class VI retiree, is aggrieved of the action of the respondents in recovering an amount of Rs. 14,54,581/- from his retirement benefits on the ground of excess payments made to him due to alleged wrong fixation of his pay.
02. Through the medium of the present Original Application (O.A), the applicant seeks quashing and setting aside of impugned
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
