UNION OF INDIA Vs. BIJOY KUMAR

JUDGEMENT

(1.) The Union of India through the Secretary, Ministry of Labour and Employment and other officials of the said Ministry have preferred this writ application under Article 226 of the Constitution of India seeking quashing of an order dtd. 17/1/2020 passed in O.A. No. 78 of 2018 by the Central Administrative Tribunal, Patna Bench, whereby the Tribunal has allowed the application filed by the sole respondent. The respondent preferred the said application before the Tribunal seeking direction to the petitioners to grant him cash equivalent to earned leave, group insurance and medical allowance at the rate of Rs.500.00 per month along with 12 percent interest for delayed payments against the said heads. He took a plea before the Tribunal that without any valid reason, his complete retiral dues were not being released, despite repeated request and lapse of three years from the date of his superannuation. He also asserted that the respondent was not given any notice for recovery of any amount, consequent upon the alleged erroneous fixation of pay- scale/grade pay, leading to excess payment to the respondent than his actual entitlement.

(2.) In the written statement filed before the Tribunal on behalf of the Union of India, a plea was taken that recovery had been made of the excess payment made to the petitioner because of incorrect fixation of grade pay inasmuch as he was allowed grade pay of Rs.4600.00 in place of Rs.4200.00 upon grant of first ACP, Rs.4800.00 in place of Rs.4600.00 against second ACP and Rs.5400.00 in place of Rs.4800.00 against grant of MACP ignoring the first ACP, which was already granted to the petitioner to Rs.4200.00 from Rs.2800..00

(3.) The Tribunal relying on the Supreme Court's decision in case of State of Punjab v. Rafiq Masih (White Washer) and others, reported in (2015) 4 SCC 334 allowed the petitioners application in following terms :-