UNION OF INDIA Vs. G. I. ZADE

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties at the stage of admission.

(2.) Petitioners have challenged the order dated 03.04.2017 passed in the Original Application No. 2264/2009 by which the Central Administrative Tribunal has directed to refix the pension and other retiral benefits treating respondent's last pay drawn as Rs. 7900/- per months and pay arrears along with interest.

(3.) The respondent was initially appointed as Junior Engineer in the Central Railway on 23.11.1985. He was promoted as Section Engineer with effect from 26.05.2008 and his pay-scale was revised in the grade of Rs. 6500-10,500/-. His basis pay was revised to Rs. 7900/-. However, in the month of June 2008, respondent's pay-scale was reduced to Rs. 7500/-. Moreover by communication dated 10.10.2008 recovery of excess payment of Rs. 76,606/- for the period from 23.11.1985 to 30.09.2008 was initiated. The recovery was sought for alleged wrong fixation of respondent's pay in the year 1985 while he was appointed as Junior Engineer. The said action of Central Railway was challenged by respondent before the Central Administrative Tribunal. Initially original application was came to be rejected, however in Writ Petition No. 1806/2013, this Court has remanded matter back for reconsideration. In such a background, the respondent's claim was again heard and vide impugned order dated 03.04.2017, Central Administrative Tribunal has set aside the action of reduction of pay-scale and directed to refix the pension and retiral benefits treating his last pay drawn as Rs. 7900/- instead of reduce pay to the tune of Rs. 7,500/- per month.