JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL.38638/2023 (exemption)

Exemption allowed subject to all just exceptions.

W.P.(C) 10023/2023 & CM APPL.38637/2023 (stay)

1. Petitioner Mahanagar Telephone Nigam Limited impugns judgment dated 11.10.2022 of the Central Administrative Tribunal Principal Bench (hereinafter referred to as ‘the Tribunal’) whereby the Tribunal has allowed the original application filed by the respondent and directed that the recovery made against the respondent needs to be quashed. Consequently, order dated 12.06.2017 passed by the petitioner whereby the amount was recovered from the respondent has been quashed and petitioner has been directed to refund the amount already recovered from his salary and pensionary benefits.

2. Respondent was engaged as a causal labour in the Department of Telecommunication, Government of India in the year 1976. He later opted to be absorbed in the petitioner as regular Majdoor and sought to be governed by CCS Pension Rules, 1972.

3. Respondent superannuated on 31.12.2016 after attaining the age of superannuation. At the time of computing his retiral benefits, petitioner withheld an amount of Rs.1,16,252/- on the ground that an excess a