Recovery of excess salary or allowances from Group 'C' and Group 'D' employees, including Gramin Dak Sevaks, is impermissible under law where the payment was made due to an administrative error without any misrepresentation or fraud by the employee.

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

The applicant has challenged the orders issued by the Department on the subject of Combined Duty Allowance to Gramin Dak Sevak (GDS) based on the CAT, Ernakulam Bench orders inter alia the recovery action initiated against the applicant seeking refund of the recovered amount. However, the relief is now confined to the refund of the recovered amount.

The facts in brief as narrated by the applicant are that the applicant is working as BPM at Jannur BO, Nanjangud Postal Division. OM dated 25.06.2018 was issued by the Respondent No.1 regarding implementation of recommendation of one man committee, on wages and allowances of Gramin Dak Sevaks (GDS). Pursuant to which Respondent No.2 issued instructions regarding the grant of Time Related Continuity Allowance (TRCA) – clarification to Regions vide letter dated 12.05.2022, according to which BPMs working in double handed Branch Offices and handling Mail delivery work along with BPM work, are eligible for Combined Duty Allowance. Subsequently, Respondent No.1 issued instructions dated 31.07.2023 to recover excess payment of Combined Duty Allowance from GDS concerned in three instalments. Accordingly, Respondent No.2 issued instructions dated 08.08.2023 for immediate stoppage of drawal of Combined Duty Allowance and to recover the excess payment of Combined Duty Allowance, whereby Superintendent of Post Offices of respective Divisions have intimated the concerned BPM Offices to stop the Combined Duty Allowance and recover the excess payment of Combined Duty Allowance in nine equal instalments from the Gramin Dak Sevaks referred to therein. Being aggrieved with the recovery action initiated by the respondents against Gramin Dak Sevaks, who are ‘C’ Group employees, placing reliance on the judgments of Hon’ble Apex Court in State of Punjab and others vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334 and Thomas Daniel vs. State of Kerala and others in Civil Appeal No.7115/2010 dated 02.05.2022, the applicant is before this Tribunal.

Learned counsel for the applicant has argued that the entire process of recovery has begun pursuant to the order passed by the Ernakulam Bench of this Tribunal in OA No. 391/2021 and connected cases [(DD: 07.06.2023) Sheela K.K. and others. Vs. Union of India and others]. Learned counsel has thus argued that the said view expressed by the Ernakulam Bench inasmuch as the interpretation of the law laid down in Rafiq Masih, supra, with respect to Group ‘C’ employees is not in consonance with the decision of the Hon’ble Apex Court in Rafiq Masih, supra, as well as Thomas Daniel, supra.

Per contra, learned counsel Shri N. Amaresh representing the respondents placing reliance on the order passed by the Ernakulam Bench of this Tribunal in Sheela K.K. and connected matters, supra, had justified the recovery action initiated against the applicants based on the impugned Annexures regarding the withdrawal of Combined Duty Allowance payable to Gramin Dak Sevaks. Hence, had argued that the judgment of Rafiq Masih and Thomas Daniel supra are not applicable to the facts of the present case.

Recording the challenge being confined to recovery proceedings initiated against the applicant and considering the arguments of the learned counsel for the parties, this Bench passed the common order dated 27.10.2025 in the present OA and OA No. 668/2024 involving identical issue, the relevant portion of which reads thus:

“6. The fulcrum of dispute relates to recovery action initiated by the respondents claiming to be the excess payment made towards Combined Duty Allowance. This Combined Duty Allowance was extended to Branch Post Master who were working at single handed Branch Post Offices vide Memorandum dated 01.02.2022 issued by the Ministry of Communications, Department of Posts, Establishment Division (GDS Section), consequent upon the decision of Department of Expenditure, Ministry of Finance agreein