UNION OF INDIA Vs. GULSHAN RAJ

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dated 30th November, 2018 passed by the Central Administrative Tribunal (hereinafter referred to as the 'CAT') in O.A.No.1502/2018. The relevant portion of the said order is reproduced hereinbelow:- 3, 8

(2.) After hearing the parties at some length, this Court finds that the issue involved in the present writ petition is no longer res integra as admittedly, an identical issue has been decided by this Court against the appellant on 04th September, 2013 in Union of India and Anr. Vs. JS Sharma and Ors. W.P.(C) No.5555/2013. The relevant portion of the said order is reproduced hereinbelow:-

(3.) The said allowances were sought to be withdrawn by the petitioners (by OM dated 23rd September, 2011) on the ground that it was not payable to officers who were granted grade pay of Rs.10,000/- under Non-Functional Upgradation Scheme and that the facility of official car was available only to those who were covered by OM dated 28th January, 1994. The over-payment of the transport allowance was sought to be recovered from the said officers / respondents herein by way of individual notices dated 5th October, 2011.