Union Of India Through The General ... vs Shyam Sunder Sharma S/O Ghisulal
2022 Latest Caselaw 7205 Raj/2

          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.

(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

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