OM PRAKASH TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed assailing the impugned order dtd. 29/10/2021, passed by the Central Administrative Tribunal (for short "CAT") at Jaipur in Original Application No. 291/274/2017, whereby the CAT upheld the order of recovery of excess payment made to the petitioner by the respondent-Department.

(2.) The issue involved in the present writ petition pertains to recovery of excess payment made to the petitioner. The petitioner, at the relevant time, was working on the post of Director in Survey of India and was granted Non-Functional Upgradation (for short "NFU") of organized Group 'A' services with Grade Pay of Rs.10,000.00 per month with effect from 26/10/2006. The petitioner was also allowed enhanced Transportation Allowance (for short "TA") of Rs.7,000.00 per month + Dearness Allowance (for short "DA") and continued to draw the same from 2008 to 31/3/2016. The recovery of this enhanced TA is the bone of contention in the present petition.

(3.) Learned counsel for the petitioner submits that the petitioner was allowed benefit of enhanced TA by the respondentDepartment as per their interpretation of para 3 of the Government of India, Ministry of Finance (Department of Expenditure) OM dtd. 29/8/2008. It is contended that the decision to restrict the benefit of enhanced TA to only those employees drawing Grade Pay of Rs.10,000.00 on regular basis and not to those employees who had been drawing Grade Pay of Rs.10,000.00 on NFU was only clarified in 2016 and accordingly the petitioner stopped drawing TA at enhanced rate of Rs.7,000.00 + DA w.e.f. 1/4/2016. Learned counsel for the petitioner has further highlighted that even the Department was unsure about the interpretation and in view of the objections raised by the Principal, Audit Office, by which the ban was imposed over the payment of Rs.7,000.00 + DA w.e.f. 1/4/2016, the Department had also sought a clarification vide communication dtd. 21/3/2016. Thereafter, vide letter dtd. 12/4/2016, it was communicated to the Department that the Department may recover excess TA paid to officers promoted under the scheme of NFU. Consequently, the impugned recovery order(s) dtd. 20/4/2017, 25/4/2017 and 1/5/2017 were passed by the respondents.