D SUBRAMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) P.K.Misra

(2.) HEARD the learned counsels appearing for the parties.

(3.) SO far as the amount which was paid to the petitioner pursuant to the interim direction in O.A.No.1354 of 1995 is concerned, we have no hesitation in holding that such recovery cannot be challenged by the petitioner at this stage. Payment had been made pursuant to the interim direction made by the Tribunal, wherein it was specifically indicated that payment would be finally adjusted towards the final disposal of the OA. At the time of the disposal of O.A.No.1354 of 1995, the Tribunal gave a specific direction for recovery of such amount. The petitioner, even though challenged such order in the High Court, his writ petition has been dismissed and thus the matter became final. In such view of the matter, the petitioner cannot raise any grievance at this stage and his claim regarding recovery of the amount paid to him as per the interim order passed in O.A.No.1354 of 1995 cannot be mitigated. The contention of the petitioner is required to be rejected.