Central Provident Fund ... vs Sh. A. Raman & Ors.
2011 Latest Caselaw 2005 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           W.P.(C) No. 20526-28/2005

%                             Date of Decision: 06.04.2011

CENTRAL PROVIDENT FUND COMMISSIONER & ORS.
                                    ..... Petitioners
                 Through : None

                    versus

SH. A. RAMAN & ORS.                      ..... Respondents
                   Through : Mr. S.K. Gupta, Advocate


CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL

1.    Whether Reporters of local papers may be allowed
      to see the judgment ? No
2.    To be referred to the Reporter or not? No
3.    Whether the judgment should be reported in Digest? No

ANIL KUMAR, J.

The petitioners - Central Provident Fund Commissioner &

Ors. have challenged the order dated 26.05.2005 passed in

O.A. No. 2993/2004 titled as Sh. A. Raman & Ors. v Central

Provident Fund Commissioner & Ors. by the Central

Administrative Tribunal, Principal Bench whereby the orders of

different dates issued against respondents for re-fixation of

their pay and recovery were set aside and the matter was

remitted to the petitioners for giving an opportunity of hearing

to all the respondents before passing a fresh order in the light

of the observations made in the impugned order. The Tribunal

had also held that the petitioner shall not be entitled to recover

the amounts, if it has been paid to the respondents erroneously

and it will be open to the petitioners to fix all pensionary/retiral

benefits of those respondents who have retired and to fix the

pay and allowances of those respondents who are in service in

accordance with the order which will be passed by the

petitioners afresh after hearing them.

The respondents were also given liberty to challenge the

order which may be passed by the petitioner after giving them a

fresh opportunity.

No one is present on behalf of petitioners.

The writ petition is, therefore, dismissed in default.

Interim order dated 10.11.2005 staying the operation of

the order of the Tribunal which was confirmed by order dated

15.12.2008 is vacated.

ANIL KUMAR, J.

VEENA BIRBAL, J.

APRIL 06, 2011 kks