UNION OF INDIA Vs. A. FRANCIS ROYAN

JUDGEMENT

(1.) Since the controversy in both the writ petitions is similar, they are heard analogously and a common order is passed.

(2.) Writ Petition No.5557 of 2020 is filed by Union of India along with its functionaries being aggrieved by the order dtd. 18/1/2019 passed by the Central Administrative Tribunal (for short, 'the Tribunal') in Original Application No. 170/00399/2018.

(3.) The facts of the case reveal that, the respondent before this Court was serving on the post of Lower Division Clerk and on account of erroneous pay fixation, he has withdrawn the emoluments more than his entitlement prior to his retirement. At the time of retirement, recovery was ordered against him and in those circumstances, he has approached the Tribunal and undisputedly, there was no misrepresentation on the part of the employee in the matter of pay fixation, nor he was at fault in the matter of pay fixation. The Tribunal relying upon its order passed in Original Application No.299 of 2018 decided on 30/7/2018 has quashed the recovery.