N. GOPI ASARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge is against Exhibit P3 order passed by the Central Administrative Tribunal, whereby the recovery sought to be made by the petitioners in view of the excess payment of pension to the respondent herein has been interdicted for the reason that no notice of hearing was ever issued and in turn, directing the authority concerned to finalise the proceedings after hearing the respondent, who had already been served with a show-cause notice by the time the matter was finalised.

(2.) Heard the learned Central Government Counsel for the petitioners.

(3.) The petitioners were the respondents in the Original Application. The factual position revealed from the proceedings is that the respondent herein was serving as a Carpenter (Group D) in the Office of the All India Radio, Thiruvananthapuram and he retired form the service on 30.11.2004. It is stated that, pursuant to the retirement on superannuation on 30.11.2004, the basic pension of the respondent was fixed as Rs. 4,100/-, which came to be enhanced to Rs. 4,846/- later. Pursuant to the implementation of the recommendation of the VI Central Pay Commission, the pension came to be revised with effect from 01.01.2006 and the same was wrongly fixed at Rs. 10,953/-. On coming across the mistake, the same was corrected by the authorities concerned, whereby the erroneous fixation at Rs. 10,953/- was reduced to Rs. 7,302/- in the year 2015. By virtue of the said course and proceedings, it was found that some excess payment was effected during the period from 2012 to 2015, which accordingly was sought to be recovered, based on the 'undertaking' already given by the respondent with regard to the fixation. This was sought to be challenged by the respondent by filing the Original Application with the following prayers: