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M.A. No. 2984/2025

in

R.A. No. 119/2025

in

O.A. No. 1133/2019

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

M.A. No. 2984/2025

in

R.A. No. 119/2025

in

O.A. No. 1133/2019

Reserved on: 30.04.2026

Pronounced on:14.05.2026

Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

1. Union of India, Through its Secretary, Ministry of Finance,

Department of Expenditure, Controller General of Accounts, Mahalekha

Niyantrak Bhawan, CGO Complex, E-Block, New Delhi.

2. The Office of Controller General of Accounts, Controller General of

Accounts, Mahalekha Niyantrak Bhawan, CGO Complex, E-Block,

New Delhi.

3. Senior Accounts Officer, Controller General of Accounts

Mahalekha Niyantrak Bhawan, CGO Complex, E-Block, New Delhi.

…Review Applicants

(By Advocate: Mr. R. K. Sharma)

VERSUS

B.N. Chawla, Aged about 80 years S/o Late Jamini Das Chawla, R/o H.

No. 209, Sector-I, Type-III, Sadiq Nagar, New Delhi Retired as Sr.

Accounts Officer,Group-B.

... Respondent

(By Advocates: Mr. Sudarshan Rajan with Mr. Ramesh Rawat)

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M.A. No. 2984/2025

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R.A. No. 119/2025

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O.A. No. 1133/2019

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

Learned Counsel for the applicant in M.A. submitted that the

present M.A. has been filed seeking condonation of delay of 48 days in

filing the accompanying Review Application against the judgment dated

24.02.2025 in O.A. No. 1133/2019, as the same could not be filed within

the stipulated period due to bona fide administrative reasons.

1.1. Learned counsel further submitted that after receipt of the

judgment, the matter had to be processed through various departmental

channels and higher authorities, including consultation with the

Department of Legal Affairs, which caused unavoidable delay.

1.2. Learned counsel argued that the delay is neither intentional nor

deliberate, and the Review Application involves substantial questions of

law with a strong prima facie case.

2. Coming to the facts of the Review Application, learned counsel

for the review applicant submitted that the impugned judgment dated

24.02.2025 suffers from errors apparent on the face of record, as this

Tribunal failed to appreciate that the excess pension paid to the original

applicant was the result of a clerical/software error during 6th CPC

revision, leading to incorrect higher fixation.

2.1. Learned counsel for the review applicant argued that the

respondents acted strictly in accordance with rules, after due

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R.A. No. 119/2025

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O.A. No. 1133/2019

examination and consultation with the Department of Pension &

Pensioners’ Welfare, before issuing the show-cause notice and initiating

recovery.

2.2. Learned counsel further argued that the Tribunal further erred in

directing restoration of the wrongly fixed pension and making the

interim order absolute, despite earlier clarifying that only recovery was

stayed and correct pension could continue.

2.3. Concluding the arguments, learned counsel for the review

appcliant submitted that implementation of the judgment would cause

substantial financial loss to the public exchequer and create a wrong

precedent by allowing continuation of an erroneous benefit.

3. Opposing the M.A. and R.A., learned Counsel for the respondent

(original applicant) submitted that the present application for

condonation of delay is wholly devoid of merit and deserves to be

dismissed, as the review applicants have failed to show any sufficient or

bona fide cause for the delay of 48 days. It was argued that the reasons

cited, such as administrative processing and movement through

departmental channels, are vague, routine, and cannot constitute

“sufficient cause” under law. The delay is a result of negligence and lack

of due diligence, and not an unavoidable circumstance. Reliance is

placed upon the judgment of the Hon’ble Supreme Court in

Thirunagalingam v. Lingeswaran, 2025 SCC OnLine SC 1093.

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