UNION OF INDIA Vs. M. SATYANARAYANA

JUDGEMENT

(1.) The Union of India and its officials in the South Central Railway (SCR)/East Coast Railway (ECR) filed this batch of writ petitions aggrieved by the independent orders passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for brevity, 'the Tribunal'), granting relief to the applicants therein. Perusal of the orders under challenge demonstrates that the Tribunal uniformly applied the law laid down by the Supreme Court in State of Punjab v. Rafiq Masih (White Washer) (2015) 4 SCC 334 to the effect that recoveries of excess payments could not be made from retired employees. The writ petitions therefore turn upon the same issue and are amenable to disposal by way of this common order.

(2.) This writ petition arises out of the order dated 21.03.2018 passed by the Tribunal in O.A.No.021/533/2017. The said O.A. was filed by the respondent herein assailing the letter dated 12.09.2016 whereby recovery of the excess payments made to him was sought to be effected. The respondent-applicant entered the service of the SCR as a Telecom Maintainer Grade-III in September, 1980. Upon due promotions, he became a Senior Technician, a Group "C" post, in July, 2007. While working as such, he applied for and got selected for deputation to Rail Tel Corporation of India Limited (RCIL) in September, 2008. He remained on such deputation up to June, 2013. He became a permanent employee of RCIL in June, 2013, having tendered his technical resignation to the SCR on 11.06.2013. Upon his resignation, he was granted pension by the SCR for the service rendered to it. However, the Senior Divisional Finance Manager, SCR, Vijayawada Division, addressed the letter dated 12.09.2016 to the respondent-applicant informing him that he had wrongly been paid dearness relief on his pension and the excess payment of Rs. 4,03,350/- was directed to be remitted in relation to the period 12.06.2013 to 31.07.2016. This was the cause for the filing of the O.A.

(3.) This writ petition arises out of the order dated 20.07.2018 passed by the Tribunal in O.A.No.020/543/2017. The said O.A. was filed by the respondent herein assailing the letter dated 15.06.2017 of the Senior Divisional Finance Manager, SCR, Vijayawada Division, seeking to recover the excess pension amount paid to him to the tune of Rs. 4,84,202/- from 01.06.2007 to 30.06.2017 on the ground that he had been wrongly extended the benefit of dearness relief. The respondent was a Senior Catering Inspector in the SCR and was deputed to work in the Indian Railway Catering and Tourism Corporation (IRCTC) in 2004/2005. He was permanently absorbed in the service of the IRCTC with effect from 01.01.2007 after he tendered his technical resignation to the SCR. SCR thereupon started paying him pension.