UNION OF INDIA Vs. K.B. FERNANDES

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 3.12.2012, passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru, by which the Original Application No. 4/2010, preferred by the respondent has been allowed and the petitioners herein have been directed to refund the amount, which has been recovered from the respondent, within a period of three months without interest and in case the amount is not paid within a period of three months, it is directed that the same shall carry interest at the rate of 10% p.a.

(2.) Facts giving rise to filing of this petition briefly stated are that, the respondent was appointed as Postal Assistant in the month of September 1967 and was placed in the grades of TBOP/BCR in the year 1983 and 1993 respectively. In the gradation list which was published in the year 1987, the respondent was placed at Sl. No. 43, whereas one P.G. Shetty was placed at Sl. No. 48. The respondent, in the year 1997, made a request to the petitioners to transfer him from Raichur to Karwar. The request made by the respondent was acceded to and he was transferred. On account of his transfer, aforesaid P.G. Shetty became senior to the respondent and his pay scale was fixed at Rs. 1,480/-, whereas the pay scale of the respondent was fixed at Rs. 1440/-. However in the year 2003, the pay scale of the respondent was stepped up to Rs. 1,480/- by ante dating the same with effect from 1986, on account of inadvertence and without taking into account of the fact that on the request made by the respondent, he was transferred.

(3.) In the year 2004, audit objections were raised and thereafter an order of recovery was passed and the recovery proceedings were initiated in the year 2006. The respondent, in the meantime, superannuated on 30.6.2007. The respondent, thereafter, filed Original Application before the Central Administrative Tribunal. The Central Administrative Tribunal by order dated 3.12.2012 has allowed the Original Application and has directed the petitioners to repay the amount to the respondent within three months without interest. It has further been directed that in case the amount is not repaid within a period of three months, the same shall carry interest at the rate of 10% p.a. In the aforesaid factual background this writ petition has been filed.