UNION OF INDIA Vs. MD. AHMED BAIG

JUDGEMENT

(1.) The precise question of law which needs to be addressed in this writ petition is that whether excess payment made in favour an employee can be recovered from his leave encashment benefits after his retirement, especially when it is palpable that the excess payment was made by the authorities on an erroneous calculation or improper interpretation of rules and not because of any fault on the part of the employee.

(2.) The brief factual matrix, bereft of superfluous details, leading to the present writ petition is that the opposite party joined as a Mail Man (MTS) on 17/1/1984. The Department of Personnel and Training, Government of India vide its letter dtd. 19/5/2009 recommended for financial upgradation under a scheme named as 'Modified Assured Career Progression Scheme" (for short 'the MACP scheme"). The opposite party was entitled to get the benefits of 3rd MACP upon completion of 30 years of service from his initial entry grade, i.e. 17/1/2014.

(3.) After hearing the arguments for both the sides, the learned Tribunal vide order dtd. 14/10/2020 held that no order was passed following due procedure of law on the basis of which such amount could have been recovered from the leave encashment entitlement of the opposite party. It also observed that the authorities remained silent and withheld the entire leave encashment benefit payable to the applicant and all of a sudden on 10/10/2018, an amount of Rs.3,88,548.00 was released without any details about proposed recovery. Accordingly, while setting aside the recovery made by authorities, the learned Tribunal held as follows:-