UNION OF INDIA Vs. PARKASH CHAND

JUDGEMENT

(1.) The petitioner Union of India is aggrieved by the Order of the Central Administrative Tribunal (CAT) upholding the claim of respondent No. 1 who was allowed refund of the amount, deducted out of retiral benefits.

(2.) Claim of respondent No. 1 was that he was appointed as casual labour in the year 1971. He was to retire on 31.5.2004 but in fact, he was retired on 10.4.2006 on account of some mistake in recording his date of birth. Subsequently, salary paid to him was deducted out of retiral dues on the ground that he was wrongly allowed to work after 31.5.2004 of which he was also aware.

(3.) The CAT held that for whatever reasons, if employee actually worked, salary paid to him could not be recovered back from the retiral dues.