A writ petition challenging an interim order of a tribunal may be disposed of by directing the tribunal to decide the main application on its merits, while maintaining any interim stay granted by the higher court.

Order

The present civil writ petition has been filed by the petitioner challenging the order dated 11.04.2023 passed by the Armed Forces Tribunal, Regional Bench, Jaipur.

This Court while issuing notice to the respondents on 01.06.2023 stayed the recovery and passed the following order:-

“Heard.

Mr. Ashish Kumar, learned counsel enters appearance and takes notice on behalf of Respondent Nos.1 to 3.

Issue notice to Respondent No.4 & 5 on payment of P.F. within two weeks.

Notices be made returnable within three weeks.

List this case after six weeks for final disposal at motion stage.

In the meantime, taking into consideration the submissions of learned counsel for the petitioner that there is no allegation that excess payment was a result of fraud or misrepresentation, we direct that no further recovery from pension shall be made until final disposal of the writ petition.”

We have perused the order dated 11.04.2023 passed by the learned Tribunal as well as the order dated 01.06.2023 passed by this Court.

“The order dated 11.04.2023 reads as under:-

The applicant has filed this OA, praying for directing the Respondents to credit the amount recovered from his pension alongwith interest @ 12% p.a. wef the date it was recovered. As an interim prayer, he has prayed for recovery of Rs.2,66,352/- in monthly intallment of Rs.13,507/- wef 30.11.2022 be stayed.

We have heard counsel for both the parties and perused the record.

Perusal of record reveals that the applicant has received a sum of Rs.2,66,352/- in excess of his entitlement. As a disciplined soldier of the Indian Army and a responsible citizen of the country, the applicant has a responsibility to refund the amount as it was an unjust enrichment, not legally entitled to him.

Issue notice. Mr. Arun Kumar, Advocate accepts notice on behalf of the respondents No.1 to 3. Issue notice also to Respondents No.4 & 5. Let Counter Affidavit be filed within four weeks. Rejoinder, if any, be filed within one week thereafter.

List the matter after six weeks. In the meantime, bank shall not recover more than Rs.5000/- pm from the pension of the applicant.”

No one has put in appearance on behalf of petitioner to argue the matter.

Since this writ petition has been filed by the petitioner only against the interim order passed by the Tribunal, therefore, this petition is disposed of with a direction to the learned Tribunal to decide the Original Application No.181/2023 on its own merits.

The interim order dated 01.06.2023 passed by this Court is made absolute.

Office is directed to send a copy of this order to learned Armed Forces Tribunal, Regional Bench, Jaipur.