UNION OF INDIA Vs. ANOOP KUMAR UPADHYAY

JUDGEMENT

(1.) The present writ petition under Article 226 and 227 of the Constitution of India seeks to assail the order dtd. 2/12/2022 passed by the learned Central Administrative Tribunal (Tribunal) in O.A. 4677/2018. Vide the impugned order, the learned Tribunal has allowed the Original Application filed by the respondent by quashing the order dtd. 17/12/2018, whereby a sum of Rs.9,01,173.00 was sought to be recovered from him on account of the purported excess payment made to him during the period between 1/7/2011 to 30/11/2018.

(2.) The respondent joined the Central Public Works Department (CPWD) as a Junior Engineer on 13/4/1982 and was, on 18/8/2009 promoted as an Assistant Engineer (Civil) on ad hoc basis. In 2010, the respondent appeared in the promotional departmental examination but was unable to clear the same but was still granted an increment w.e.f., 1/7/2011, which learned counsel for the petitioners submits, was payable only to those employees who had cleared the departmental examination. Upon realising this mistake, the petitioners, after verifying the position regarding the respondent having not cleared the departmental exam, proceeded to issue the order dtd. 17/12/2018, directing recovery of a sum of Rs.9,01,173.00 from the respondent.

(3.) Being aggrieved, the respondent preferred an O.A. before the learned Tribunal on 18/12/2018 and while the same was pending, he superannuated from service on 31/5/2020. Vide its impugned order, the learned Tribunal has set aside the order dtd. 17/12/2018 by relying on the decision of the Apex Court in State of Punjab v. Rafiq Masih (2015) 4 SCC 334. The learned Tribunal also noted that the respondent was not put to any notice before issuing the recovery order.