LAWS(ALL)-2019-7-206

UNION OF INDIA Vs. VED PRAKASH PATHAK

Decided On July 22, 2019
UNION OF INDIA Appellant
V/S
Ved Prakash Pathak Respondents

JUDGEMENT

(1.) Heard Sri Surya Bhan Pandey, learned Assistant Solicitor of India assisted by Sri Varun Pandey, learned counsel for the petitioners.

(2.) This writ petition has been filed against judgment and order dated 24.09.2008 passed by Central Administrative Tribunal, Lucknow (hereinafter referred to as 'Tribunal') in Original Application No.101 of 2006, whereby Tribunal has allowed the said original application filed by Respondent No.1 and set aside the order of re-fixation and recovery of amount passed by the Authorities of Union of India at the fag end when the petitioner was going to retire on 30.06.2004.

(3.) Learned counsel for the petitioner contended that a wrong fixation of pay was made and when detected, it was sought to be rectified and recovery of excess payment was sought to be made. It is admitted that the alleged fixation was made on 26th July, 1983 and impugned order alleging rectification and recovery was passed on 17th May, 2004, i.e. after almost 21 years.