CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No. 290/00143/2024 Pronounced on : 11.02.2026 Reserved on : 19.01.2026 CORAM HON’BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr AMIT SAHAI, MEMBER (A)

Ram Niwas Lamror S/o Sagra Ram, Aged 60 years, R/o Kunwo Par Dhaniya, Chunia Road, Village Dangawas, Tehsil Merta City, District Nagaur, retired from the post of Head Ticket Examiner, working at Jodhpur under Divisional Rail Manager, Jodhpur.

......Applicant By Advocate : Mr Dilip Vyas & Mukesh Kumar Sharma.

Versus

1. Union of India through General Manager, NW Railways, Malviya Nagar, Jawahar Circle, Jaipur-302001.

2. The Divisional Railway Manager, Jodhpur Division, North Western Railway, Jodhpur-342001.

3. The Senior Divisional Personnel Officer, Jodhpur Division, North Western Railway, Jodhpur-342001.

......Respondents By Advocate : Mr B.L. Tiwari.

SUDESH D D i N g : it a C l = y I N si , g O ne = d C E by N T S R U A D L E S A H D M S I H N A IS K T H R I ATIVE TRIBUNAL, OU=

JODHPUR BENCH, Phone=

a27c6e3b70871625348f2a3c0c55c745e5a539aa4870db2699074ca 1c35d078c, PostalCode=342006, S=Rajasthan, SERIALNUMBER= F709B6DE94E2153CCFD55F34387F3BB788E0FF850A83262E2D SHAKHI 1BB72EA7ADF651, CN=SUDESH SHAKHI Reason: I am the author of this document L D o a c te a : t io ORDER Per : Hon’ble Mr Justice Rameshwar Vyas Aggrieved by the deduction of Rs 10,97,958/- from the Gratuity on account of refixation of his pay w.e.f. 03.07.1997 vide order dated 25.10.2023 (Annex. A/1), the applicant has preferred this OA with a prayer to quash and set aside the above refixation order and to revise PPO dated 29.11.2023 (Annex. A/2) accordingly. He further seeks direction against the respondents to refund the deducted amount of Rs 10,97,958/- on the strength of law laid down by Hon’ble Apex Court in the matter of State of Punjab & Haryana v. Rafiq Masih (White Washer), (2015) 4 SCC 334.

2. The facts necessary to adjudicate this OA are as under:- 2.1 The applicant was initially appointed as Luggage Porter in the Parcel Office under Chief Parcel Clerk Jodhpur Division in the year 1986. He was promoted on the post of Booking Clerk (Group C) in the year 1993. On 05.03.1997, he was promoted in the Grade of Rs 1200-2040/4000-6000 in the year 1997.

2.2 On his request, he was permitted to change his category from Booking Clerk to Ticket Collector (TC) in a lower grade of Rs 950-1500/3050-4590 w.e.f. 03.07.1997.He was further promoted to the post of Head Ticket Examiner in the TC category.

SUDESH D D i N g : it a C l = y I N si , g O ne = d C E by N T S R U A D L E S A H D M S I H N A IS K T H R I ATIVE TRIBUNAL, OU=

JODHPUR BENCH, Phone=

a27c6e3b70871625348f2a3c0c55c745e5a539aa4870db2699074ca 1c35d078c, PostalCode=342006, S=Rajasthan, SERIALNUMBER= F709B6DE94E2153CCFD55F34387F3BB788E0FF850A83262E2D SHAKHI 1BB72EA7ADF651, CN=SUDESH SHAKHI Reason: I am the author of this document L D o a c te a : t io

2.3 His service record was audited by the Audit Department before his retirement. On audit objection, his pay on reversion to the post of TC in the grade of Rs 3050-4590 from the post of Booking Clerk in the grade of Rs 4000-6000 was refixed w.e.f 03.07.1997 vide order dated 25.10.20123 (Annex A/1 ), whereby, the pay of the applicant was reduced from Rs 58600/- to 52000/- w.e.f 01.07.2023. Thereafter, the applicant got superannuated on 30.11.2023.

2.4 Pursuant to the above re-fixation order, PPO dated 29.11.2023 (Annex. A/2) was issued to the applicant taking into account his reduced pay. A recovery of Rs 10,97,958/- was also made from the Gratuity payable to him. Aggrieved with the above, the applicant filed representation dated 06.12.2023 (Annex. A/4) stating that the recovery has been made without any prior notice which is against the principles of natural justice. As per principles laid down by Hon’ble Supreme Court in the matter of Rafiq Masih (supra) circulated by Railway Board vide RBE No. 72/2016, recovery from settlement dues is impermissible.