CENTRAL P F COMMISSIONER Vs. A RAMAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 26.05.2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in OA 2993/2004. The primary petitioner is the Central Provident Fund Commissioner (Employees Provident Fund Organization).

(2.) THE facts of the case are that the respondents, who are all ex- servicemen, were re-employed by the said petitioner sometime in February, 1991. On or about 17.11.1992, the petitioner fixed the pay of the respondents in terms of OM No. 2(1) 83/ D/ Civ-I dated 08.02.1983. In the year 2000, the petitioner noticed that it had erroneously fixed the pay of the respondents in terms of the OM of 1983, whereas, in fact, OM No. 3 (i)/85/Esst. (P-II) dated 31.07.1986 was the one which was applicable. It is then that the petitioner realized that it had erroneously fixed the salary of the respondents based on the OM of 1983. On 24.09.2004, the petitioner issued an order for recovery of the excess payment from the respondents. Shortly thereafter the respondents filed the said Original Application 2993/2004 in which the respondents claimed that there was no excess payment made to them and that the OM of 1983 would continue to apply to them.

(3.) THE learned counsel for the petitioner also referred to the decision of a Division Bench of this Court in the case of Rachpal Singh Gehlot and Others v. Union of India and Others: CWP 6678/2003 decided on 25.08.2005. According to the learned counsel for the petitioner, the Division Bench in that case distinguished the case of Shyam Babu Verma (supra) and confirmed the order of the Tribunal in that case which had directed the recovery of excess payments in easy instalments. The learned counsel for the petitioners sought a similar relief in the present case also.