- (1.) WE have heard Sri A.K. Gaur for the petitioners. Sri A.K. Dave appears for the respondent No.1.
(2.) THE respondent No. 1 retired on 30.4.2003, as Chief Traveling Ticket Inspector, N.E. Railway, Varanasi, in the pay scale of Rs. 6500 -10500/ -, drawing pay @ Rs. 7,900/ -. By the orders challenged in the Central Administrative Tribunal, Allahabad, an amount of Rs. 61,484/ - was deducted from gratuity - Rs. 26,834/ - on account of excess payment of salary and Rs. 34,650/ - on account of commercial debit. His pension was also reduced, calculated on the last pay drawn by him as Rs. 7500/ - instead of Rs. 7,900/ -.
(3.) IN the Tribunal, the petitioners took a stand that applicant -respondent No. 1 was subjected to punishments between the years 1995 to 2002 by stoppage of increments on temporary basis, which were not implemented, and his pay was wrongly treated to be Rs. 7,900/ -. On calculation after implementation of the punishment orders, his pay was reduced to Rs. 7,500/ - and consequently deductions were made. The Tribunal found that applicant was not given any opportunity of hearing before making any deduction and reducing his pension. The recovery and reduction in pension was thus not justified. The Tribunal did not find it appropriate to grant any liberty to the department, to issue a show cause to the applicant -respondent, and to explain whether deduction and reduction in pay was justified. The impugned orders were quashed, and the entire deducted amount was directed to be paid with 9 % interest from 1.5.2003. The Tribunal also directed that the pension of the applicant to be revised treating his pay at the rate of Rs. 7,900/ - as on 30.4.2003.;