HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No.16485/2022
Union Of India Through The General Manager & Others
----Petitioners
Versus
Shyam Sunder Sharma S/o Ghisulal
----Respondent
For Petitioner(s) : Mr. Ashish Kumar, Advocate with Mr. Shubhankit Bhatnagar, Advocate HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 11/11/2022 Heard learned counsel for the petitioners-Union of India & others.
The petition is directed against the judgment and order of the Central Administrative Tribunal dated 18.01.2022.
The pay of the respondent was amended/reduced just before his retirement and since the earlier fixation was said to be by mistake, proceedings for recovery of the excess amount paid were initiated against him. The aforesaid action including the reduction/amendment in the pay was challenged by the respondents by means of an Original Application.
The application has been allowed and in view of the decision of the Supreme Court in the case of State of Punjab Versus Rafiq Masih (Whitewasher) (SLP (c) No.11648/2012), the Tribunal held that no recovery can be made and that he should get his post retiral dues and benefits according to the unamended/unreduced pay.
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(2 of 2) [CW-16485/2022] The submission of learned counsel for the petitioners is that the Tribunal has not set aside the order amending/reducing the pay and so long the said order stands and the pay of the respondent stands reduced, he would not be entitled to any retiral dues as per the unamended pay.
Issue notice to the respondents, returnable within six weeks. Till the next date of listing, the effect and operation of the impugned judgment and order dated 18.01.2022 passed by the Central Administrative Tribunal shall remain stayed insofar as it directs for the payment of retiral dues to the respondents as per actual pay and not as per the amended/reduced pay. (ANOOP KUMAR DHAND),J (PANKAJ MITHAL),CJ N. Gandhi/ Karan/7 (Downloaded on 14/11/2022 at 09:29:08 PM) Powered by TCPDF (www.tcpdf.org)