UNION OF INDIA Vs. MOHD. YUNUSH

JUDGEMENT

(1.) Heard Sri Krishna Agarawal, learned Counsel for Respondents Petitioners and Sri S.K. Mishra, learned Counsel for Applicant-Respondent.

(2.) The Writ Petition is directed against the Final Order, dtd. 31/3/2017 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No.330 of 00079 of 2015, Mohd. Yunush v. Union of India and another. By that order, the Tribunal has allowed the Original Application and directed the Respondents-Petitioners for payment of Rs.2,16,947.00 to the Applicant-Respondent that had been deducted at the time of payment of retiral dues to the Applicant-Respondent consequent to his Retirement on attaining the age of Superannuation on 31/7/2010.

(3.) The undisputed facts of the case are, the Applicant-Respondent retired on the post of J.E.-II, from the East Central Railway, Mughalsarai. During his years in service, the Applicant-Respondent suffered a Medical condition, for which, he was hospitalized at the Railway Hospital, Mughalsarai and thereafter referred to higher Medical centre. Consequent to his recovery, he was categorized in the Lower Medical category C-1 grade on 29/7/2010, just three days before his attaining the age of Superannuation. While preparing his Pension papers, the Central Railway Authorities realised, excess payment had been made to the Applicant-Respondent month to month, totaling Rs.2,16,947..00 That was deducted.