LAWS(J&K)-2025-4-1

UT OF J&K Vs. SURAM CHAND

Decided On April 04, 2025
Ut Of JAndK Appellant
V/S
Suram Chand Respondents

JUDGEMENT

(1.) The present writ petition has been filed by the writ petitioners under Article 226 of the Constitution of India challenging the order dtd. 18/9/2024 passed by learned Central Administrative Tribunal in OA No.1507/2021 titled 'Suram Chand versus Union Territory of J&K and others.

(2.) The respondent-applicant before the Central Administrative Tribunal, Jammu Bench (hereinafter called as, "the Tribunal") is Class-C/D employee of the Jal Shakti (Public Health Engineering) Department, who were initially granted benefits under SRO 149 of 1973, SRO 59 dtd. 6/2/1990 as well as SRO 14 of 1996 and challenged recovery proceedings initiated against him. The department discovered that he was incorrectly granted benefits under SRO 149 of 1973 that had been repealed, after December 1982. The respondent was superannuated on 31/3/2021. The writ petitioners after verification of the service book/record of the respondent found that he was not eligible for the extension of benefits of SRO 149 of 1973 on the date he was given the benefit of the said SRO. It is averred that the pension case of the of the respondent was settled by the Accountant General after withholding the gratuity due to extension of benefit of SRO 149 of 1973 and the excess amount drawn by the respondent was deducted by the office of Accountant General, Jammu.

(3.) The applicant/respondent herein was getting the benefit of revised pay scale/enhanced salaries in terms of SRO 149 of 1973 and he was issued show cause notices in this regard for incorrect implementation SRO 149 to effect recoveries in line with the court orders referred in the notice and the applicant was directed to explain as to why the aforesaid benefits availed by him may not be withdrawn and why necessary recovery may not be effected from his salary, to which the applicant filed reply, however, the respondents without considering the reply have straight-way effected the recoveries. Aggrieved of the action of the petitioners herein for recovery, the applicant-respondent herein approached the Tribunal by filing Original Application No. 1507/2021 titled 'Suram Chand v. UT of J&K and Ors.', on the ground that as per law settled by the Apex Court in case of "State of Punjab v. Rafiq Masih", AIR 2015 SC 696, no recoveries against any benefit so drawn by a Class-C/D employee can be initiated, if the same has been provided by the department on their own and there is no malafide or foul play on the part of the employees.