UNION OF INDIA Vs. ANIL KUMAR SINHA

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 31/1/2025, passed by the Ld. Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the 'Ld. CAT') in O.A. No. 050/00764/2023, whereby and whereunder while disposing off the original application filed by the respondent herein, the order of recovery dtd. 18/2/2022 along with the order dtd. 23/9/2021 read with the order dtd. 30/11/2018 have been quashed and the petitioners have been directed to forthwith refund the amount already recovered. The Ld. CAT, while setting aside the aforesaid orders dtd. 30/11/2018, 23/9/2021 and 18/2/2022, whereby the pay-scale of the respondent has been re-fixed, has also directed the petitioners to pass a reasoned and a speaking order regarding re- fixation of pay of the respondent within three months in view of the precedents as also considering the Railway Rules.

(2.) The brief facts of the case as averred in the original application filed by the respondent herein is that while he was working as Loco Pilot (Goods) in the pay-scale of Rs.5500.00 Rs.9000.00, he was promoted to the post of Chief Loco Inspector-cum-Safety Counsellor in the pay-scale of Rs.6500.00 Rs.10,500.00 with effect from 1/4/2004, after being found suitable in the selection test conducted by the petitioner no. 5, whereafter he was posted under Senior Divisional Safety Officer, East Central Railway, Danapur vide order dtd. 22/6/2004 as also his pay was fixed on promotion with effect from 1/4/2004. The respondent had then drawn annual increments and all other benefits since 1/4/2004 till the month of September, 2020 and his basic pay had reached a sum of Rs.99,800.00 which also included the effect of revision of pay-scale from time to time on account of implementation of the various recommendations of the Central Pay Commission, after due vetting by the Accounts Department. However, it is the case of the respondent that when he received the pay slip for the month of October, 2020, he found that his basic pay had been revised from a sum of Rs.99,800.00 to Rs.86,100.00 without the petitioners having passed any adverse order regarding reduction of pay-scale of the respondent. The respondent had then submitted a representation dtd. 24/11/2020 against the said reduction of pay, however neither any order was passed on the same nor he was communicated about the reasons for reducing his pay after 16 years, leading to the respondent filing an original application bearing O.A. No. 325 of 2021, which was dismissed as not pressed by an order dt. 9/7/2021, passed by the Ld. CAT, while recording the submission of the respondent that he wants to file a fresh representation.

(3.) The respondent had again submitted a representation on 22/7/2021, however he received a show cause dtd. 23/9/2021 along with an order dtd. 30/11/2018, re-fixing the pay scale of the respondent with effect from 1/4/2004, wherein it had been stated that since his pay has wrongly been fixed with effect from the year 2004, the department has assessed that a sum of Rs.17,65,430.00 is required to be recovered from him on account of over payment made to him, hence he may submit his show cause reply within 15 days. The respondent had then filed his reply to the aforesaid show cause notice on 6/10/2021, inter- alia stating therein that his pay has been correctly fixed as on 1/4/2004 and the pay scale of similarly situated employees has not been reduced, apart from reference having been made to the Circular of the Railway Board dtd. 22/6/2016 issued in light of DoPT's OM dtd. 2/3/2016, based on the judgment of the Hon'ble Apex Court rendered in the case of Rafiq Masih which restrains recovery of any over payment made beyond five years of the date of alleged wrong fixation of pay. Nonetheless, without passing any order upon the reply submitted by the respondent on 6/10/2021, the petitioners started making recovery @ of Rs.15000.00 per month leading to the respondent having filed yet another Original Application bearing O.A. No. 608 of 2021, which was disposed off by the learned CAT by an order dtd. 15/11/2021 directing the petitioners to take a decision on the representation of the respondent at the earliest and till then the recovery was stayed.