II"IMEDIAT-E

souRr cAsE

PRASAR BHARATI
(INDIA'S PUBLiC SERVICE BROADCASTER)
r,li.j:i1i '-'" l:1:,1,: ;rj' .r.j'

DIRECTORATF GENTRAI : ALL IND]A RADIO

Akashvani Bhawan, Parliament Street
Neyy Delhi-110001,

No.C- 18013/33/ 2or6-S-ilf/)p Dated 14,08.19

Subject: Forwarding of Interim Order of Hon'ble High Sourt of

Kerala in OP(CAT) NO.15Ol20l9 filed by UOI against
the order in OA No.1B0/47OlL6 filed by Sh, T. Vijayan,
AO(Retd.)- reg.

I am directed to say that tlris Directorate had filed OP(CAT)

No.150/2019 before High Court of Kerala against the Hon'ble CAT order dated
03.10.18 in OA No.180/0047012016 filed by Sh. T. Vijayan, AO(Retd.)
reqarding recovery of excess payment. The Hon'ble High Court of Kerala iias
put an interim stay on the Hon'ble CAT, Ei-nakulam Benci-r's ci-der datec
03.10.18 passed in favour of applicant i,e. Sh. T. Vijayan.

2. A copy of Hon'ble High court of Kerala's order dated 14,06.19 in cpicAT)

No.150/2019 alongwith copy of oA fileo by sh. T. vijayan is ericiose,J
herewith.

3, All zonal heads of AIR including Hoos of DDKs are, therefore, requested
that the different cases related to recovery of amount may be cluhbed and
r:xarnined them critically and may be pleaded strongly in different CATs,
keeplnq in view of tnterim stay put in the similar case by the Hontble Hiqh
Court c,f Kerala in the ntatter of recoverv of excess amount"

+. T.his issues with the approval cf competeni authority.

sF\s
(sA.f\ltv vERptA)
Dy. Director of Admn.
Encl: as above. For Director General

r\ti Zcrnal Heads of AIR inciudinq Hoo, DDKs.

 iN THE HIGH COURT OF KERALA AT ERNAKIJL/\M
Present:
THE HONOURABLE MR. JUSTICE V.CHITAMBARESH
&

TiiE iiOiiCURA-E,LE I.{R. .;Ti.: f i=rlE ASiiO:i i,iEi\jOi,i

Friday,the 14th day of June 2AIg/24th Jyaishta, 1941
Op (CAT) No.150/2019
(AGAINST THE ORDER DATED 03.10.2OLB
ADMINISTRATTVE TRIBUNAL, ERNAKULAM
rN o.A No.180/00410/2016 oF rHE CENTRAL
BENCH)

1. yT:?:.S: II"li:11i1_u:lylo By rHE SECRETARY ro rHE GOVERNMENT OF INDTA,

MrNrsrRY oF TNF.RMATT.N AND BR.ADCASTTNG,
THE DIRECTOR GENERAL,ALL ]NDIA
NEW DELHr- 110001.
RADI./ BHAVAN, AKASHVANI
PARLIAMENT ST.REET, NEW DELHI- 11OOO1.
THE ASSISTANT DIRECTOR (PROGRA},N4E (HEAD
OF OFFICE),ALL INDIA RADIO/
ALTTNHO, PANAJI, coA_ 403001.
THE PAY AND ACCOUNTS OFFICER/ALL INDIA
BACKBEY RECLAMATlON, ML]MBAI- 4OO02O.
RAD]./ AIR C.MPLEX,

RESPONDENTS/APPLICANTS IN O.A:
T.VIJAYAN, /AGED 63 IS/O.LATE NARAYANAN/
ADiiIiiTSTRA?I-"T CFF]CER (RETIi\ED) ALL rND]A
GOA RESIDING AT *VAISHNAVI", KRA_61,
, R?,DiC/ PA-IiAJI,
KANATHUR ROAD/ PALLIKKUNNU POST,
KANNUR DISTRICT, KERAI-A_ 61OOO4.

(cAT) praying inter eria Lhat in

OP
flLe circumstqnces -s!.ated in the
a ffrdavr t filed al0nq w'th the op (cAT) the High court be pleased
to stay the
operation of Exhibit p5 Order in Original Application
No.1BO/00 4j0/2016,dated
03-10-2018 of the central Administrative Tribunal,Ernakulam
Bench,pendinq
€i^-l drsposal of the above Op(CAT),in the j-nterest of
lustice
Thrs petition coniirrg orr for orcler.s on L4/ 06/2OIg
upon per.uslng the
petition and the affldavj-t filed j_n support of Op (CAT)
and upon hearing the
ATqUMCNIS Of SHRT.P.VIJAYAKUMAR/ ASSISTANT
SOLICITOR GENERAL OF INDIA, fOT
the petrtioners the court passed the for-r-owino:
ORDER
Admlt.
Urgent. notice to the respondenL.
There wlll be an Interim stay as prayed.
I 4- 0 6- 2079
Sd/- V.CHITAMBARESH, JUDGE
sd/- ASHOK t4ElvoN, JUDGE
Y&"^
L/,\
?.b\ q
/true copy/
t t1
\\v." -r u\'
{Jn )\ '"\ '
av\ DEPUTY REGISTRAR
( s')
.-\ EXHIBIT. P5:TRUE COpy OF THE ORDER Il.I OA NO:470
h PASSED BY THE CAT, ERNAKULAM BENCH
OF 2016 DATED 03_10-2018

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tn<rrlNo. pan_14(2)2016_S/Court."r"
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l-he l)irector
; furro/Da te : 2 / 07 20
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General.
(By nanre Shri T. R u"''eet
Singh' DDA).
S-fl sectio',
All India Raclio,
Akashvani Bhavan,
Parliament Street.
NEW DELHI - I IO OO1.

f;f;,ii;'31',.'?i',0,!,10,,'!oi!:o ot r Viiavan berbre rrre Hon'bre cAr, Ernakuram

l'l
Ref : Letter No. Nir out"o-r+il:.-r*
zor6 received fronr S.riri
Nelli'rootrir. Advocat. a Thomas
i,.-pr,*r couns"l i". c.,#"r Govt. Mathew
for Cenrral Board of g.*cis.'adrironl, Sr. standing counser
(copy enclosed).
Sir,

Kindly firtcl e'closed copy

of letter receiveci fi'oni Srrri
Thomas Matrrew Nerimoottir,
Sr' Panel cou'sel for ce'tral Advocate &
Govt.. ato'g with copy
of o.A. No. ,rr;;;;;;,20r6
rerired A'o" before trre fired by T. vijayan,
Hon'bre cAl-. Ernakurarr
Be'ch in oA No. r r 31/2013.

In this regarcl' bei'g Respondent

No"l. this offlce has arreaciy
fbrwarcrecr the repry
Mathew Neliimootti I alongwith to Shri Thomas
suppor.ting docunrents (copies
encrosed).

Therefbre' it is requested to acl'u'ise the firrther

coLrrse of action to be taken by this
office at the

HCfrq7yo, rs fa ith fir I Iy,

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14th June,2016

(Programm-e)' ta{s'-. -" -J- } r r.>€ ib .-,.-.*itil

Assistant Director
fii"i'"i Otfice, All lndia Radio,. rrrii r.r:!,i;r rkrdi.a f,"r,{l
;:ffi;, Panaji, Goa- 403 001' 13'',1;'.,:r.pJ rtrry r.cr*
-.
'l '*"'5r
-.g;l
'- -* '-"-"'rrrdr
'.3 .":1._..--.. .l_,...,, ..
o:- *r, _*,i.r}
Dll'
":"'' before the Hon'bre cAT,
t2o16f'ed byJ:y]f"v"n
sub: o.A. No. 1g0/00470in OA No' 113112013
Ernakulam Bench

is for
i.e i uin pr"yer in the oA
Theapplicanthas.^filedtheaboveoAchal|engingAnnxure.A5andA6
o.n. entitled to
orders issued oy you,
the 3,d 1grnonoJ..tr"1n"
;;il;'' o"ti' ii.'ii' ir'9. innt1"^111 is
qu ash in g nn n""u',ll;
;"; A6 a
"tio" Gratuity' pension etc'
Retiremeni
in full
as Deati'6'r* 2-1-2006
retirement nun"ili, suctr
without any deductions
on "1.n1v'oiiti"
+'Zi'g''s:/- lrt"u'o' recovered from his
"pbri*nt-from
respondents t"';";;;'nt'
"".orni'ot-,ruirion
and to direct ttre
DCRG with interest'

TheoAcameupforadmissionhearingb'eforetheTribun{on13-6-2016..As central Govt'

to.me fv sr,ii N Aril.,iiui,-s"niot'lanel
and opposed the
the oA has been a'otted behart'J' r"rpondents
counsel (Retainer), l entered time
."noJ"[',,"e'on
to get instructions'
On""'"i sougftt
adnrission
"t
Afteradmissionhearing,.theTribunalhasad,mittgctheoAandadjournedthe
of the respondents'
case to 25-?-;;i;io""pty statement remarks on
the coOV of Please fonivard your
l-terewith I am forwarding * -t!:^Oi
tb'pt"pare draft reply statement'
the oA at the ;;;ld
f"i
"""orrg'n

Th KM uth'"* N e llimoottil
Central Govt'
Sr. Panel Counset for
i'li,?i"?ii; fi?::%"X;il,,?:ilt cunr Retirement c.atuitf,
Deparrmenr or
BEFORE THE HON'BLE
CENTRAL ADMINISTRATIVE
. TRIBUNAL
ERNAKULAM BENCH

oRrcrNAL Appr,rcArroN:
."...t..f*.? roru
T. Vijayan
Applicant

Vs.

Union of India and

Others
Respondents

INDEX

ParticuGi

COMPILATION-I

Originat Applidri""

Annexure-A5: Order of
the Assistant Director
(p) All
India Radio, panaji
Goa (Respondent No.3)
under No.
Pen- I 3(Z)20r5_S (TV)/348
dated 03.03.2016.

India Radio, panaji Goa

(Respondent No.3)
under No.
Pen-13(2)2015-S
e:|)/361 dared 0g.03.2016
withholding an amount
of Rs.4,2l ,305/_from
the Death
Cum Retirement Gratuity
of-the Applicant.
COMPILATION.II

Onna*ur.-a
,j^111r ir.,.a
All India Radio,...:lnuj, ur rr,.
i,ir,,*ij 'c;;orr,r,*, Director (p)
pennitting him to A.,i";ff",i,:Sj
rerlre on superannuation.

h"'l'^--
f,
Annexure-A2 : A copy of the Pay Slip of the t2
Applicant for the month of November 2015.

Annexure-A3: A copy of the Representation dated

02.11.2015 alongwith pension papers in Form 8.
13-36
6

Annexure-A4: A copy of the order No. Pen-

10(2)2015-5/1419 dated 01.12.2015 issued by the
37
7 Assistant Director (P) All India Radio, Panaji Goa
(Respondent No.3).

Annexure-A7: A copy of the order of Government of

India, Ministry of Personnel, Public Grievance &
38-40
8 Pensions, Department of Personnel & Training, New
Delhi Office Memorandunt No. F.No.18/0312015-Estt.
(Pay-l) dated 02.03 .2016.

Anttrx,,t*-nS: A copy of the order of the Hon'ble

Apex Court in State of Puniab & Others vs Refiq 4t-61
9 Masilt in CA No. 11527 of 2014 (Arising out of
SLP(C) No.11684 of 2012) pronounced on 18.12.2014'

Annexure.Ag : A copy of the order of the Hon'ble

Central Administrative Tribunal Madras Bench in OA
62-64
l0 No,3 l0/01 I l9 of 2015 pronounced was 17.08'2015'

Dated this the 06tn daY of June ,2016.

R.JAGADA BAI
Counsel for the ApPlicant

FOR THE USE OF THE TRII}UNAL OFFICE

Date of filing or
Date of receipt bY Post
Registration No.
SIGNATURE OF THE REGISTRAR
 'l.r

BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE

fh.TEUNAT
ERNAKULAM BENCH

ORIGINAL APPLICATION: No. ......of 2016

T. Vijayan Applicant
Vs.

Union of India and Others : Respondents

SYNOPSIS
t
Date
Events

ilpllruanr was apporntecl as Lower Division Clerk

r rrs
in the
Ministry of Information and Broadcasting, Main
02.06.1982 Secretariat
at New Delhi.

r'tr Alrp'canr renoerec technlcar resignation to join All India

Radio under the same Ministry.
l L09.1 984

rne Applrcant.folned All India Radio as Lower Division

Clerk.
t4.09.t984

28.02.1991 r {re .r\ppllcant was promoted as Head Clerk.

02.0r.2006 The pay of the Applicant *us

Rs. 6500-10500 with Grade pay Rs.4600/_

18.09.2006 rne Appllcant came out successful ln the examination for

Accountants.

3t.t2.2014 r ne Appllcant promoted Administrative Officer

(Group B).

02.n.20t5 The Applicant preferrea a repre@

No.3 along with his pension papers not to recover the
alleged
excess payment fiom his pension benefits.

30.11.2015 r ne Appllcanl retlred lrom service.

01.12.20t5 The pay of the Applicant was refixed to a

effect from 02.01 .2006by the Respondent No.3

03.03.2016 Recovery of the alleged e*reiffi

allowances were ordered to be recovered from thg pension
benefits of the Applicant by the Respondent No.3.

An amount of Rs.4,21,3051- waJffi

from the Death cum Retirement Gratuity of the Applicant by
08.03.2016
the Respondent No.3.

R.JAGADA BAI
Counsel for the Applicant
 I]EFORE THE HON'BLE
CENTRAL ADMINISTRATIVB
TRIBUNAL
ERNAKULAM BENCH

ORIGINA.L APPLICATION:
No. of 2016

( APPLICANT:-

I T. Viiayan, Aged 60,

S/O Late Narayanan,
i Adnrinistrative Ofli^-" r".,.,_.,,,'
A | | r ndia -".i::rt*;;,,::::',,
Itesiding at .Vaishnavi.
KRA- 61. Kanathur
Road,
l)allikkunnu p
Districr,
Kerara Pi", ozltloxannur

Vs.
RESPONDENTS:-

L Union of India F
:.",;; ilffi;:ffiilin,iJ"'T
Broad Castins
'A' Wing. Shisrri
l]havan
New Dethi _ tt0 001

) I'he Director (ieneral

All.lndia Radio. Akashvani
Bhavan,
Parlianrent Street
New Delhi- il0 001

3. The Assistant Director

(programme)
(Y:.t of office) All rndia R;;;"'",
Altinho, panaji, Goa
403 001
4. a
Tl,".oll Accounrs Officer
All India Radio, atR
Compiex
Backbey Reclamation
Munrbiri - 400 020

All
process and notlces
to the Applicant may
be served on
R.Jagada Bai, Advocate, his counsel
P.Kunhiraman Vakee.l
Road. Near Court post
Thalassery 6701U. Office.
 DETAI LS OF APPLICATION

l.
APPLICATION IS FILED

Annexure-A5: Order of the Assistanr All India Radio, panaji Goa

Direcror (p)
(Respondent No.3) under No. Pen-13(2)2015-S
('IVy348 dated 03.03 .2016.

Anncxure-A6: order o| rhe Assistant Director (p)

Ail India Radio, Panaji Goa
(llcsprndcnl No.--i; urrder No. pen-r3(2)20r5-s
(Tv)/36r dated 08.03.2016
wirhholdi'g an anrounr of'Rs.4,2 r ,305/- fiom
the Death cum Retirement Gratuity
of
the Applicanr.

2.

The applicant declares that the subject matrer

of the application is within the
.jurisdiction of this Hon'ble Tribunal.

l. LtMtTAl't0N

'l'lre
applicant firrther declares that the application
is within the limitation
period prescribed under Section.2l of
the Administrative'fribunals Act. l9g5-

4. FACTS OF THB CASE

The applicant was appointed as Lower Division

clerk in the Ministry of
Information and Broadcasting, Main secretariat
at New Delhi on 02.06.1gg2 and
worked there' till I l'09' 1984. Srrbrsequently
the Applicanr .joined at Doorclarshan
Maitttenance centre. Kannur, a subordinate
office under the same Ministry with
cllbct lio'rl4'09'1984 to 27.02.1991 as Lower Division
clerk after tendering
'l'echrticttl
resigtlatiotl fionr the central Secretariat
clerical Service cadre. He was
therealier prottroted as [Jpper Division
Clerk on 2g.02.lggl at All India Radio,
Kanllur, Kerala' tle was qualified fbr
the post of Accountant/l{ead Clerk
Under
20o/o Departmental Examination Quota in 2006 and was promoted
and posted at All
India Radio, Devikulam with effect from I
8.09.2006.He was transferred and posted
as Accountant/Head clerk in All India Radio
Kannur and had worked there till
 l9'12'2014' lle rvas ttr'r'atrcled pronrotion as Adminisrrative
officer with effect from
30-12.2014 and worked riil 0r.r0.20r5 ar Ail India Radio Kannur. He was
transferred and posted as Administrative officer
All India Radio Goa at the wake of
his superannuation. He joined the post at Panaji
Goa on 05.10.2015 and worked
there till his superannuation on 30.11.2015 after
noon. He retired from service on
the after noon of 30.il.2015. A copy of the order
No. pen_l (2)2ar5_S dated
10.11.2015 issued by rhe Assistant Director (p)
All India Radio, panaji Goa
(ftespondent No'3) permitting him
to retire on superannuation is herein produced
atld ntarked as Annexure-Al. As on date of his
retirement the Applicant was placed
irt tltc Scale o1'['a,v' of'Rs.9300 34800 with
- Grade pay Rs.4g0 0/- andwas drawing
llasic I'41'ro rhe rune oIRs.22710/-. A copy of the pay
Srip of the Appricant forthe
nro.rh or'Novenrber 20 | 5 is herein produced
and marked as Annexure_A2.

The applicant begs to submit that prior to the imprementation

of the
recommendations of the Sixth Central Pay Commission
he was in the pay scale of
Rs' 4000-6000' He was awarded Second Assured Career progression
with effect-
from 02.01.2006. After 02.0r.2006 (date of awarding znd Assured career
Progression benefits) his pay was fixed in the pay
Scare of Rs, 5500-9000 (pre_
revised)' ott acctltttlt of'the reconrrnendations of the 6rl' Central pay
Commission,
thc prc reVisccl pal scalcs I{s.5000-8000, I{s.5500-9000 & 6500-10500 rvere
Ittcrged as a sittgle Pay Scale. His pay was fixed at
Rs.6500-10500 rvith effbct from
02'01'200(r. lionr the date of'contpletion of 24 years of qualifying
service and
awarded with 2"u Assured Career Progression consequent
r-rpon the bunching of pay
scales' The pay scale of the applicant and similarly placed
other ernployees of the
All India Radio was fixed at the stage of Rs. 12090 * Grade pay of Rs. 4600
which
is the minimum equal pay of pre-revised scare of Rs.6500-10500.

on completion of 30 years as on 02.06.2012 the applicant was granted

3'd
MACP benefits by grantirrg one increnrent and fixed his pay
as Rs. 15960 and
(irade Pay enhatrced flom [ts. 4600/-
ro Rs. 4s00/- as on 0 1.07.2012 (due ro option
excrciscd) lbr which he was entitled. The applicant has been
paid salary and
alltrwatrces at the abovc'rates alier granting eligible increrrrents
on 0l .07.2An,
0l'07'2014 &,n 01.07.2015 up t. the date of his retiremenr on superannuatiop on
10.11.2015. llis last pay drarvn rvas Rs. ll9l0l_+ Gracle pay Rs. 4g00 : Rs.
227 | 0/ - (Annex ure-A2).

on the eve of retirement, the Respondent No.3 forwarded the relevant

pension
papers for arranging payment of retirement benefits
and issue of pension paymt-
rrrdpr tn rhe Pav & Accounts
office stating that the applicant,s pay ought to have
 bcerl llxcd t,kirlg tlte rttittitttunr
ol'thc revised pay scale as Rs. 5500 only
as on
02'01,'2006 and not equal to Rs. 6500/-.
The Respondent No.3 was asked ro
refix
the pay of the applicant with effect from
02.01 .2006and to recover the
excess paid
amount from his retiremen"t benefits,
it was gathered. The Applicant submitted
the
pension papers in Form 8 along
with his representation dated 02.11.2015
stating
reasons as to why the overpayment,
if any, shourcr not be recovered from his
retirenrent beneflts' A copy of the said
representation and its Annexures
is herein
pr.duced ancr nrarked as Annexure-A3.
The Respondent No.3 without any
itpplicatiort lo thc grtluncjs aclcjuced in
the Representation dated 02.11.2015
refixed
rlte pa-r'ol'tltc Applicant rvirh efJl'ct
fiom 02.0 1.2016 and his last pay drawn
was
rcclrrcccf r. I{s.20r40/- rionr Rs.227I0r-.
A copy of the order No. pen_ 10(2)2015-
s/1419 dated 0l'12'2016 issued by the
Assisranr Direcror (p) All India Radio,
Panaji Goa (Respondent No.3) is herein
produced and marked as Annexure-A4.
The Applicant submitted two more
representation dated 03.02 .20l6and
0g.02.2016
to the Respondent No'3 in this regard. unfortunately
the copy of the said documents.
was inadvertently misplaced from his custody.
In response to the representations
dated 03'02'2016 and 08'02.2016 The
Applicant was informed through a letter
issued bry Assisra't Director (p) Ail
rndia Radio, pana.ii Goa (Respondenr
No.3)
ttrrclct'No' l)ctt-lit:)ztll5-s (l'v)/-'j48 dated
03.01.2016 that if has been clecided
to
*'itlrh.ld ar anroL'I oI Rs.5,00.000A (Rs. Five
l-akhs) from his Death cum
llctirctttcrtl (iratuity' A copy ol'the said letter
is herein produced and marked as
Annexurc-A5' Att antortnt ol'Rs.':l,21,3051- was
subseqLrently recovered from the
Death curn Retirement Gratuity of the
Applicant based upon the orclers of the
issued by Assistant Director (p) A, India
Radio, panaji Goa (Respondent No.3)
under No' Pen-13(2)2015-s (TVy361
dated 08.03.2016. A copy of the said order is
herein produced and marked as Annexure-A6.
The Applicant begs to submit that
action on the parl of the Respondent No.3
is in contravention to the orders contained
in the Govcrrlnrent of India, Ministry of Personnel, public
Grievance & pensions,
Deparlnre't of personrer & Trai'i'g, New Derhi orfice Memorandum No.
lr'Ntr' I tll03l20l5-Hstt' (Pay-l) dated 02.03.2016
whereirr specific provisions were
laid lirr the waiver oI rhe recovery or. rvrongfur/excess
payment made to the
(ioVct'tttttct)t scrvilllts in VicvV
ol'the lau,cleclared by the FIon'ble Supreme
court of
India irr Stote o1l- Puniob & others vs Reliq tuIasilt in cA No. I 1527 of z0l4
(Arising out of sLP(c) No.il684 of 20lz).
A copy of the said Memorandum is
herein produced and marked as Annexure-A7.
Aggrieved by the arbitrary and
illegal action on the part of the Respondent No.3
the Applicant finds no way other
 bcetr llxccl
tirki'g thc tttiltitttutt ul'tlre reviscd
pay scale as Rs. 5500
02'0r'2006 and nor equar only as on
to Rs.6500/-. The Respondenr
No,3 was asked to refix
the pay of the applicant
with effect from 02.0r .2006and
to recover the excess paid
amount from his retiremen't
benefits, it was gathered.
The Appricant submitted
pension papers in Form the
8 along with his representation
dated 02.11.2015 stating
reasons as to why the
overpayment, if any, shoulci
not be recovered from his
retirentent be'eflts' A copy
of the said representation and its
Annexures is herein
p.duccd ancr nrarke, as Annexure-A3.
The Respondent No.3 witrrout
it1.r;rlicrtti.tt t. the grorttlcis any
adcluced in the Representation
dated 02.rr.2015 refixed
tlte pit-r' ,1'the Applica'r rvirh
efJbcr fio'r 02.0 l.20l6and
his last pay drawn was
recf Lrcetr ro lts'20r40/-
rio'r Rs.227 I0r-. A copy of rhe
order No. pen_ 10(2)2015-
s/14r9 dareci 0r.r2.2016 issuecr
b;, the Assisranr Director (p)
Panaji Goa (Respondent
eil India Radio,
No.3) is herein produced
and marked as Annexure-A4.
The Applicant submitted two
more representation ciated
03.02 .20l6and 0g.02.2016
to the Respondent No'3 in
this regard. Unfortunatery
the copy of the said documents.
was inadvertently misplaced
from his custody. In response
to the representations
dated 03'02'20r6 and 0g.02.20r6
The Appricant was informed
through a retter
issLrcd hr1'Assistanr Direcror
(p) A, India Radio, pana.ii
coa (Respondent No.3)
rr.tlc. N. l)ctr-l"it:l:tll-5-s ('l v)/-j48
dared 03.01.20r6 that ii
has been decided to
*ir'hrld arr ar)rol'r of'ns.5,00.000i- (Rs.
Five I_akhs) rrom his Deatrr cum
llctircttlcttt (iratLritl. A cop-v ol'the
said letter is herein produced
ancl marked as
Anncxurc-A'. A' antount of. Rs.4,2l,30Sl_
was subsequently recovered
from the
Death currt Rerirenlent Gratuity
of rhe Applicant based upon the
orcJers of the
issued by Assista't Director
(p) Ail India Radio, panaji
Goa (Respondent No.3)
under No' Pen-13(2)2015-s (TVy36l
dared 0g.03.20r6. A copy
of the saicl order is
herein produced and marked
as Annexure-A6. The Appricant
begs to submit trrat
action on the parl of the Respondent
No.3 is in contravention to the
orders contained
in the (iovcrtttltetrt ol'Irrdia, Ministry personnel,
of public Grievance pensions,
&
Dcparltttettt of' Pers.ttttel
& Training, New Delhi oflice Memorandum
No.
8/03/2015.-l:stt' (t'ay-l) ciared
02.03,20r6 wherein specific
i,,lt','r.l'1119 \vJr\'er provisions were
r(r!r o'the recover,v o'rvrongfur/excess payment
(i.rcl'rrrrrcnt scr'iilrt:i made to the
in v,icr,i,.r'thc rilu,cJecrared by
the Fron,L.,re Supreme courl
lrdia irr stote of punjab & orhers of
vs Re/iq *Iasih in cA
No. r 1527 0f 2014
(Arising our o'sLp(c)
No.ir6g4 of 2012). A copy of
the said Memorandum is
herei' prociucecr and rnarked as
Annexure-A7. Aggrieved by
the arbitrary ancr
illegal action on the part of the
Responde't No.3 the Appricant
fincrs no way other
 uur) ro lllc this Original Applicafion
belbre this lJon'ble Tribunal
on the following
antong other grounds.

The Applicant begs to submit

that the anomaly in fixation
of his pay has arisen out
of'a confusion in the implementation
of the recomnrendations of the sixth pay
('ontt,issi.n since 01.01.2006.
on account of the recommendations
('cnrrar [)ay ('onrnrission. of the 6rh
rhe pre revised pay scares
Rs. 5000-g000, Rs. 5500-9000
& 6500- r0500 were merged as a singre pay
Scare. As on 02.0r.z0o6the
Appricant
was placed in lhe pay scale
o1' Rs. 5500-9000 (pre-revised)
which was refixed on
implenrentation of'the recommendations
of the sixth pay commission
+ Grade pay of Rs. 4600 which to Rs. 12090
is the minimum equar pay of pre_revised
scare of
Rs'6500-10500' The Applicant
begs to submit that the pay
of all similarly situated
central Government Employees
was fixed at the minimum
scale of Rs.6500-10500.
and the Applicant is given
to understand that almost
ail the departments have issued
orders not to recover the
excess paid amount from
the pension benefits of such
entplo-vees as it is seen orderecl
in Annexure-A7. The Applica4t
begs to subrnit that
he had put in 33 years of unblenrished
service in the depannlent and
is the rone
brcad wintler of'ltis fanrily consisti'g
of his ailing mother-in-law, wife,
son who is a
sttlderlt and urtenrployed daughter.
The pension benefits is one
and the lone hard
carrrcd bounty avairabre to
him and the recovery of Rs.4,2
r,305r_has praced the
Applicant and his f'amily under
acute financiar stringency. -fhe
penury condition of
the Appricant was brought to
the notice of the Respondent
No.3 more than once
through his representations incruding
Annexure-A3. The Respondent
Respondent No'5 had recovered
No.3 and
an amount of Rs. 4,2r,305/-from
his Death cum
Retirement Gratuity without
any application of rnind to
the orders contained in
Annexure-A7.

-l-he
Applicant begs to submit that
similar cases have come up
before the
llrrr'ble Supre're court of'r'dia
way back in 20r 2 andthe
Hon,bre Apex court
throLrgh atr order in stale
of Puniob & others vs ReJiq
Masiltin cA No. I I 527 of
2014 (Arising our of SLp(c)
No.il6g4 of 2012) pronounced
on rg. r2.20r4 was
pleased to hold that;

"12' rt is not possibre to posturate ail situations

of hardship, which wour,
govern emproyees on the issue
of recovery, where payments have
mistakenry
been made by the emproyer,
in excess of their entirement.
Be that as it may,
 based on the trccisions
referred to herein above,
we may, as a ready
reference,

;:il ffiHffil;:"uations' wherein recoveries bv

the emproyers,

(i) Recovery fronr employees

belonging to Ctass-III
service (or Group ,C, and Class-IV
and Group ,D, service).
(ii) Recovery from refired
emproyees' or emproyees
retire rvithin one year, who are crue to
of the order of recovery.
(iii) Recovery from emproyees,
rvhen the excess payrnent
has been made
in excess of five years'
before rhe order of
::;:"rtorr recovery is
(iv) Recovery in cases where
an emproyee has wrongfury
to discharge truties been required
of a higher post, and
has been paid accordingry,
even though he shou'
have rightfury been
required to work against
an inferior post.
(v) In any other case, where
the court
arrives at the concrusion,
recovery if made from that
the emproyee, wourd
be iniquitous or harsh
arbitrary to such an extent, or
as would far outweigh
balance of the employer,s the equitable
right to recover.
13'we are informed b;, the rearned
counscr represeirting
state of punjab' that the apperant
at the cases in this bunch of appears, wour,
undisputetl!y fall within
the first four categorics
derineated hereinabove.
the appcars re'crre<l
to above, fherefore,
In
the impugned orders
tigh Court punjab and passed by the
'f Haryana (quashing the order of recovery),
be deemed to have sha,
been upherd, for the
reasons recordecr above.
A copy of the said order of
the Ho''bre supreme
court is herein prodrrced
marked as Annexure-A8' and
The Ho''ble centrar
Administrative Tribunar
Bench through an order Madras
in oA No.3r0/0llr g of
2015 pronounced
was preased to direct on 17.ag.2015
the Respondent No. r
and Respondent No.2
rerirenrent berrefrts to rerease the
of the Appricant therein rike
DcRc, pension etc without
deducrio'on accounr of'revision any
of pay. A copy of rhe
said order is herein produced
itnd ntitrkcd its Annexure-A9'
The Applicant begs
to subrnit that aileged
ll'ratitrrt ol'his pay and e'oneous
allowances has occurrecr
with efrect frorn 02.0
had retirecl on 30'll'2015' r.2006and he
that is afier an erapse
of the said anorrtaly'
of ine years from the occurrence
Hence the case of Appricant
fails within the crause
of the guicrerines of the (ii) ancr (iii)
Hon'bre Supreme court
of india in Annexure_g.
amount of Rs' 4,21,305/- Hence the
is riabre to be refunded
to the Appricant.
 6. DETAILS OF'REMEDIES EXFIAUSTED

No other statutorv remedv.

7. MATTERS NOT PREVIOUSLY FILED OR PENDING BEFORE ANY

OTIIEIT COURT:
The Applicant further declare that he had not filed any application, writ
pctition or suit regarding the matter in respect of which the application is made
belbre any court or any authority or any bench of this Hon'ble Tribunal nor anv
such applicariorr. writ petition or suit is pending before any of them.

8. IIELIEF(S) SOUGHT

In the view of the facts mentioned in Para 4 and 5 of this application, the.
applicant begs to pray that this Hon'ble Tribunal be pleased to grant the following
relief(s).
( l) Call for the records.
(2) Quash Annexure-A5 and Annexure-A6.
(i) Declare that the Applicant is entitled to retirement benefits such as Death
Cunt rctirenrent Gratuity. Pension etc in full without any deductions on
accolult of-revision ol'pay of'the Applicant frorn 02.01.2006.
(4) Direct the Respondents to refund Rs.4,21,305/- already recovered from his
Death Cum Retirement Gratuity with interest.
(5) Any such remedy deemed fit and proper as this Hon'ble Tribunal may order.
(6) Grant costs to the applicant.

9. INTERIM ORDER IF ANY PRAYED FO&

No prayer for interim order
IO. NOT APPLICABLE

I I. PARTICL]LARS OF POSTAL ORDER IN RESPECT OF APPLICATION

FEE
L Serial No. of Indian Postal Order
2. Date of issue of the Postal Order

3. Name of issuing Post Office

4. Post Office at which payable Ernakulam

 I

T, Vijalyan
.d.pplifant
R. Jagada Bai
l

Counsel fbr the Applicant