(O R D E R)

The present Original Application has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

“(i) To issue an order or direction commanding the respondents that they may not deduct Rs. 197317/- from the pension of applicant and also quashed the order dated 3.4.2025 passed by the Assistant Personnel Officer, North Central Railway, Agra for recovery of aforesaid amount and further they be directed that of any deduction was made they may be refunded the same to applicant to the date of deduction with 12% interest otherwise the applicant will suffer an irreparable loss and injury.

(ii) To issue any other and further relief which this Hon’ble Tribunal may deem fit and proper be also awarded to the applicant.

(iii) Cost of proceeding be awarded to the applicant”.

The brief facts of the case are as follows:-

The applicant was appointed as an Apprentice Assistant Driver with effect from 03.12.1992. He was promoted to the post of Loco Pilot Goods with effect from 05.06.2006. Thereafter, he was promoted as Loco Pilot Passenger on 17.07.2012 and subsequently as Loco Pilot Mail on 31.12.2017. The applicant applied for voluntary retirement, which was accepted by the respondents and he retired from service with effect from 30.04.2024. After his retirement, the respondents issued a letter dated 03.04.2025 directing the applicant to deposit a sum of Rs.1,97,317/- on the ground that excess payment had been made to him. The respondents further stated that, if the amount was not deposited, the same would be recovered from his pension. Aggrieved by the impugned letter/order dated 03.04.2025 directing recovery of Rs.1,97,317/- from him after his retirement, the applicant has filed the present Original Application.

Per contra, the official respondents have filed their counter affidavit contending therein that the applicant was working as Chief Loco Inspector in the Railway Department and took voluntary retirement from service with effect from 30.04.2024. At the time of his retirement, due to a clerical error, his pensionary benefits were calculated by taking 30% of the pay element. Accordingly, PPO No. 20247320400093 dated 18.06.2024 was issued. As per the Railway Board’s letters dated 25.11.1992, 13.11.2017 and 06.03.2019, the applicant had completed 7 years of service as Chief Loco Inspector. Therefore, his pensionary benefits were required to be calculated by taking 21% of the pay element and not 30%. Accordingly, the earlier PPO was revised and the applicant’s pensionary benefits were correctly calculated by taking 21% of the pay element. Since the applicant had already received pensionary benefits on the basis of the earlier PPO, an excess amount of Rs.1,97,317/- was paid to him. The applicant was therefore directed, vide letter dated 03.04.2025, to deposit the excess amount of Rs.1,97,317/-. The said amount was sought to be recovered as it had been paid due to an error in calculating the pensionary benefits. Thus, the respondents submit that the recovery is only of the excess amount wrongly paid to the applicant and the impugned action has been taken in accordance with the applicable Railway Board instructions. Therefore, the present Original Application is liable to be dismissed.

No rejoinder affidavit has been filed by the applicant.

I have heard Shri Shiv Mangal Prajapati, learned counsel for the applicant and Shri K.K. Ojha, learned counsel for the respondents and perused the records.

Submission of the learned counsel for the applicant is that the impugned order dated 03.04.2025 is illegal and arbitrary, as the applicant had already retired from service on 30.04.2024 and the recovery was ordered after his retirement. He further submitted that the applicant was a Group ‘C’ employee and the alleged excess payment was not made due to any fraud, misrepresentation or concealment of facts on his part. Learned counsel for the appl