DEPARTMENT CAN NOT MAKE RECOVERY AFTER RETIREMENT - JABALPUR CAT ORDER
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No. 694 of 2013
Jabalpur, this Tuesday, the 19th day of May, 2015
SHRI G. P. SINGHAL, ADMINISTRATIVE MEMBER
K. L. Phoolmali, S/o late Umarao Phoolmali,
DOB 07.1.1952, R/o JM-70, KIshore Nagar,
Meera Kishan Kunj, District Khandwa – 450001 (MP) - Applicant
(By Advocate - Shri Vijay Tripathi)
V e r s u s
1. Union of India through its Secretary
Ministry of Communication & IT, Department of Posts,
Dak Bhawan, Sansad Marg, New Delhi – 110001.
2. Chief Postmaster Master General, Madhya Pradesh Circle,
Hoshangabad Road, Bhopal – 462012 (MP)
4. Senior Superintendent of Post Offices,
Khandwa Division, Khandwa (MP) 450001 - Respondents
(By Advocate – Shri Amjad Ahmed, Proxy counsel of Shri A. T. Faridee)
(Date of reserving order : 14.05.2015)
O R D E R
The applicant has preferred this Original Application for the following reliefs:
“8(i) Summon the entire relevant record from the possession of respondents for its kind perusal;
8(ii) Upon
holding that reducing the basic pay of the applicant as Rs.19960/- is
bad in law, command the respondents to calculate all retiral dues and
pension of the applicant on the basis of the last basic of Rs. 20,410/-
8(iii) Direct
the respondents to revise the pension, DCRG, leave encashment, commuted
value of pension and pay arrears of the aforesaid amount with 18%
interest p.a.;
8(iv) Direct the respondent to repay the amount of DCRG of Rs.43,790/- to the applicant with 18% interest;
8(v) Any other order/orders, direction/directions may also be passed.
8(vi) Award cost of the litigation to the applicant.
8(vii) Set
aside the order dated 30.10.2012 (Annexure A/1), order dated 6.8.2012
(Annexure A/2) and order dated 4.4.2012 (Annexure R/7) with all
consequential benefits.”
2. The
learned counsel for applicant submitted that at the time of retirement,
applicant was holding the post of Deputy Post Master, Khandwa Head
Office in the Pay Band of Rs.9300-34800/- + Grade Pay of Rs.4600/- and
his basic pay was Rs.20,410/-. However, while paying him retiral dues,
the basic pay has been reduced from 20,410/- to 19,960/-. Further,
Rs.43,790/- has been deducted from his DCRG, without assigning any
reason. The applicant was inducted in the cadre of HSG (II) in the pay
scale of Rs.5000-8000 and posted as Deputy Post Master at Itarsi Head
Office. Thereafter, vide the order dated 12.1.2005, the applicant was
sent on deputation to work as Sub Post Master, Harda in the cadre of HSG
(I) and he was given the pay scale of Rs.6500-10500/-. Appointment of
applicant in the cadre of HSG (I) was approved by the Departmental
Promotion Committee (DPC) and orders were issued on 18.8.2005 (Annexure
A-3). Thus, there is no justification for reduction of pay of the
applicant for retiral benefits and deduction of Rs.43,790/- from DCRG.
3. The
respondents, in their reply, have submitted that the applicant was
promoted to HSG (I) grade vide the order dated 18.8.2005, Before that,
vide the order dated 12.1.2005, he was posted on HSG (I) grade post of
Sub Post Master, Harda Head Post Office by Senior Superintendent of Post
Offices, Hoshangabad. Since the applicant was working at that time with
the office of Sr. Superintendent Post Offices, Hoshangabad, there was
no ground for posting him on deputation basis in one of its offices.
Thus, applicant was not entitled to the pay of HSG (I) grade on this
posting at Harda as he was still in HSG (II) grade. In any case,
applicant was promoted to HSG (II) grade on 29.10.2004 and had
qualifying service of only two months as on 1.1.2005 in that grade, he
could not have been promoted to HSG (I) grade so early as the qualifying
service of three years was required for such promotion. Therefore, when
his pension case was prepared, there was objection in regard to his pay
fixation on 17.1.2005 in HSG (I) grade when he joined at Harda in
compliance of order dated 12.1.2005 of SSPO Hoshangabad. Therefore,
applicant’s pay was accordingly refixed and he was grated HSG(I) grade
w.e.f. 23.08.2005 when he was actually promoted to that grade. Thus, due
to correction of his pay fixation w.e.f 17.1.2005, his basic pay at the
time of retirement was changed and applicant has been paid retiral
benefits accordingly. Further, excess salary paid to him during this
period has been recovered from the DCRG. Thus, the OA, being without any
merit, deserves to be dismissed.
4.
Heard the learned counsel for the parties and perused the pleadings of
the respective parties and documents annexed therewith. I have also gone
throught the writtern arguments filled by learned counsel for the
respondents.
5. It
is undisputed that the applicant was promoted to HSG (I) grade vide the
order dated 18.8.2005 (Annexure A-3). Before that, he claims to be
posted on deputation basis on a post of HSG (I) grade. However, the
order dated 12.1.2005 (Annexure R-1) by which he was posted as Sub Post
Master, Harda was issued by Sr. Superintendent of Post Offices,
Hoshangabad and since the applicant was already working in his
jurisdiction, this posting could not be considered as on deputation.
In-fact, this is simply a posting order on vacant post of Sub Post
Master, Harda on which the applicant was posted on his own cost for
which he may have requested at that time. Thus, applicant was not
entitled to get the pay scale of HSG (I) grade w.e.f. 17.1.2005 on the
basis of order dated 12.01.2005 (Annexure R-1). Therefore, respondents
are not at fault in re-fixing his pay, by treating him promoted to HSG
(I) grade w.e.f. 23.08.2005. In view of this correction, basic pay of
applicant has been revised and applicant has been paid all the retiral
benefits based on this pay. Thus, the respondents cannot be faulted in
granting retiral benefits to the applicant based on his revised basic
pay of Rs.19,960/- in place of Rs.20,410/-, and no interference with the
orders of respondents in this matter, is justified, Therefore, the
prayer of the applicant in this regard is rejected.
6. So
far as deduction of Rs.43,790/- from the DCRG of the applicant is
concerned, this amount has been deducted without issuance of any
show-cause notice to the applicant. Relying on the judgment of Hon’ble
Supreme Court in the matters of State of Punjab and others etc v. Rafiq
Masih (White Washer) etc., Civil Appeal No. 11527 of 2014, learned
counsel for the applicant submitted that in view of the law laid down by
the Hon’ble Supreme Court in that order, no recovery of excess payment
can be made from retired employees or employee who are due to retire
within one year of the order of recovery. Since recovery of excess
salary has been done after retirement of applicant, such recovery is not
in accordance with law. Therefore, the respondents are directed to
refund Rs.43,790/- deducted from DCRG of the applicant, within a period
of 60 days from the date of communication of this order. However, no
interest shall be payable on that amount.
7. Thus, the O.A is partly allowed. No order on costs.
Sd/-
(G. P. Singhal)
Administrative Member
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