UNION OF INDIA Vs. KHADAR KHAN

JUDGEMENT

(1.) Heard, Sri.MallampalliSrinivas, learned Central Government Counsel for the petitioners and Sri.P.Venkata Rama Sarma, learned counsel for the respondent No.1.

(2.) This writ petition was filed under Article 226 of the Constitution of India, challenging the order dtd. 17/11/2016 passed by the Central Administrative Tribunal (in short The Tribunal) in O.A. No.643 of 2015, by which the OA filed by the applicant/respondent No.1 herein was disposed of with directions.

(3.) The applicant/respondent No.1 was initially appointed as a temporary typist in BZA Vijayawada Division in the pay scale of Rs.260.00400 and was directed to report under the Railway Electrification Projects Organization. While working in the said organisation, he was promoted as Senior Typist and Head Typist purely on ad-hoc basis on 17/6/2000 and 5/7/2007, respectively which was not based on seniority and other relevant criteria for promotion. He was repatriated to his parent division on 9/9/2008. His pay on repatriation continued as same as was on deputation. The respondents in OA (petitioners herein), based on circular No.54/2014 dtd. 19/5/2014,that an ad-hoc promotion granted in ex-cadre post did not entitle a Railway Servant to the protection of pay on repatriation in the parent division, revised his basic pay downwards from Rs.21640.00 to Rs.19550.00 withdrawing the pay earlier fixed. They also resorted to the recovery of Rs.3,07,063.00 as an excess payment on this count, by an order dtd. 3/2/2015. Two installments of Rs.12,000.00 p.m were recovered for April and May 2015 and leftover amount was recovered from the settlement dues as the applicant retired from service on superannuation w.e.f 31/5/2015.