UNION OF INDIA Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Challenge in this writ petition by Railways, is to an order made in O.A.No.1574 of 2012 dated 16.12.2015, by which the Central Administrative Tribunal, Madras Bench, directed the writ petitioners not to give effect to the recovery of excess payment made, pursuant to the withdrawal of Modified Assured Career Progression Scheme (MACP) benefit.

(2.) Facts leading to the writ petition are that private respondents, were appointed in the Ministerial cadre in Group- 'C', Southern Railways, Tiruchirappalli Division and vide proceedings dated 03.11.2009, 29.07.2010, 14.10.2010, 19.10.2010 and 15.12.2010 respectively, they were allowed III MACP Scheme benefits. Railways found that the private respondents are not entitled to III MACP Scheme benefits and proceeded to withdraw the same, vide orders dated 03/10.04.2012 and 23/27.11.2012, respectively. Consequently, the excess payment made to the private respondents, has been directed to be recovered. Therefore, recovery proceedings were challenged by the respondents, before the Central Administrative Tribunal, Madras Bench in O.A.No.1574 of 2012.

(3.) During the course of the hearing of the said OA, learned counsel for the private respondents has submitted that it is suffice a direction is issued to the writ petitioners not to effect any recovery of excess payment. The respondents have relied on a decision of the Honourable Supreme Court in State of Punjab Vs. Rafiq Masih (White Washer) etc., reported in (2015) 4 SCC 334.