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2026 Supreme(Online)(CAT) 4627
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, Administrative Member
Krishan Lal Anand – Appellant
Versus
State of J&K – Respondent
TA/222/2022|TA/261/2022|TA/119/2025
For the Appellants/Petitioners: Mr. M K Bhardwaj
For the Respondents: Mr. Sudesh Magotra, AAG
Executive cannot deny retrospective pay benefits or recover payments granted pursuant to final judicial orders via clarificatory communications; implementation estops reversal absent fraud.
Headnote:(A) Service Law - Pay scales - Community Health Officers - Entitlement to higher pay scale - Judicial pronouncements attaining finality up to Supreme Court - Subsequent Government Orders implementing judgments - Clarificatory communications denying retrospective effect and permitting recovery - Held, executive instructions cannot override or nullify binding judicial orders - Doctrine of finality of litigation applies - Respondents estopped from denying benefits after conscious implementation - Recovery impermissible absent fraud or misrepresentation, particularly for retired employees - Principles in State of Punjab vs. Rafiq Masih (2015) 4 SCC 334 apply - Action violative of Articles 14 and 16 - Subsequent rules cannot divest vested rights - No equality in illegality where benefit granted under final judgments. (Paras 11-19)
(B) Estoppel and Promissory Estoppel - Implementation of judicial directions through Government Orders after Cabinet approval - Cannot be retracted prospectively - Conscious act of compliance binds respondents. (Para 12)
(C) Recovery of Excess Payment - Not permissible when made pursuant to court orders without fraud - Refund directed if recoveries already effected. (Paras 14, 21)
Facts of the case:
Applicants, promoted as Community Health Officers on various dates, were denied attached pay scale despite discharging duties thereon. Earlier writ petition allowed in 1999 directing grant of higher pay scale Rs.2200-4000 (pre-revised), modified in 2000, upheld by Division Bench in 2010 and Supreme Court dismissal in 2014. Subsequent writs allowed extending parity. Government Orders of 2015/2016 implemented judgments granting benefits. Impugned communications of 2017 clarified no retrospective effect, enabling recovery.
Findings of Court:
Impugned communications quashed to extent restricting benefits or permitting recovery. Benefits under Government Orders not to be disturbed; arrears, retiral dues to be released; recoveries refunded within three months.
Issues: Whether after final judicial orders and implementation via Government Orders, respondents can deny retrospective benefits and effect recovery; validity of impugned clarifications overriding judgments.
Ratio Decidendi: Binding judicial pronouncements attaining finality cannot be nullified by executive action; implementation estops reversal; recovery unjust without fraud, especially post-retirement; vested rights protected against subsequent rules.
Result: Transfer Applications allowed.
| Table of Content |
|---|
| 1. transfer of writ petitions detailing parties and reliefs sought (Para 1 , 2) |
| 2. chos denied proper pay scales; prior judgments granted benefits (Para 3 , 6 , 7 , 8 , 9) |
| 3. respondents deny retrospective effect due to procedural irregularities (Para 4) |
| 4. final judgments bind parties; cannot be reopened collaterally (Para 10 , 11 , 12 , 13) |
| 5. no recovery from employees absent fraud per rafiq masih (Para 14 , 15) |
| 6. vested rights immune from subsequent rules or financial constraints (Para 16 , 17 , 18) |
| 7. quash impugned orders; no recovery, grant consequential benefits (Para 19 , 20 , 21 , 22 , 23) |
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The SWP No.1389/2017 & 710/2017 & 1125/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.222/2022 & 261/2022 & 119/2025 respectively by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: - 1. TA/222/2022 a) By issuance of an appropriate writ or direction, including one, in the nature of Certiorari, the impugned order/communication No. HD/Legal/ NGMR-345/2014 dated 13.02.2017 issued by respondent No.1 and endorsed by Respondent No.2 vide No:- DHSJ/Legal/12674- 89, dated 23-02-2017 to the extent it relates to the Petitioners, be quashed.
b) By issuance of an appropriate writ or direction, including one, in the nature of Mandamus, to command upon the Official Respondents not to proceed against or initiate any corrective steps/recovery in terms of the impugned order/communications against the Petitioners.
c) Any other relief, which this Hon’ble Court deems just and proper, be granted in favour of the petitioners and against the respondents.
2. TA/261/2022 a) By issuance of an appropriate writ or direction, including one, in the nature of Certiorari, the impugned order/communication No. HD/Legal/ NGMR-345/2014 dated 13.02.2017 issued by respondent No.1 and endorsed by Respondent No.2 vide No:- DHSJ/Legal/12674-89, dated 23-02-2017 to the extent it relates to the Petitioners, be quashed.
b) By issuance of an appropriate writ or direction, including one, in the nature of Mandamus, to command upon the Official Respondents not to proceed against or initiate any corrective steps/recovery in terms of the impugned order/communications against the Petitioners.
c) Any other relief, which this Hon'ble Court deems just and proper, be granted in favour of the petitioners and against the respondents.
3. TA/119/2025 a) By issuance of an appropriate writ or direction, including one, in the nature of Certiorari, the impugned order/çommunication No. HD/Legal/ NGMR-345/2014 dated 13.02.2017 issued by respondent No.1 and endorsed by Respondent No.2 vide No:- DHSJ/Legal/12674-89, dated 23-02-2017 to the extent it relates to the Petitioners, is quashed.
b) By issuance of an appropriate writ or direction, including one, in the nature of Mandamus, to command upon the Official Respondents not to proceed against or initiate any corrective steps/recovery in terms of the impugned order/communications against the Petitioners.
c) Any other relief, which this Hon'ble Court deems just and proper, be granted in favour of the petitioners and against the respondents.
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The present batch of Transfer Applications arises out of writ petitions originally filed before the Hon’ble High Court of Jammu & Kashmir, which upon transfer stand registered as TA No. 222/2022, TA No. 261/2022 and TA No. 119/2025. All the matters involve identical questions of fact and law and are, therefore, being decided by this common judgment.
b) The applicants in all the three matters were appointed and subsequently promoted on different dates as Community Health Officers (CHOs) in the Health and Medical Education Department of the erstwhile State of Jammu & Kashmir. The posts of CHOs were originally created during the mid-1980s under
