- (1.) Bharat Sanchar Nigam Limited (BSNL) through its Chief Managing Director, New Delhi and three others are before this court assailing the validity of the order dated 01.10.2015 passed by the Central Administrative Tribunal, Allahabad (the Tribunal) in Original Application No.1599 of 2012 (Hukum Singh v. Bharat Sanchar Nigam Ltd. through its Chief Managing Director & Ors.), whereby the Tribunal had proceeded to allow the Original Application (O.A.) in view of the recent judgment of Hon'ble Supreme Court in State of Punjab & Ors. v. Rafiq Masih (White Washer), 2015 4 SCC 334 and quashed the impugned order dated 19.10.2012 by which the respondents had proceeded to recover an amount of Rs.1,07,505/- from the retiral dues of the respondent no.1 (Original Applicant) as excess amount had been paid to him.
(2.) Brief facts giving rise to the writ petition are that the respondent no.1 was working as Sub Divisional Engineer, which is a Board Level Executive Employee of BSNL and attained the age of superannuation on 31.1.2012. Thereafter, the respondent authorities, at the time of finalisation of his retiral dues, has proceeded to recover the excess salary of Rs.96,380/-, which was paid to him from 7.7.2003 to 31.1.2012 due to mistake in fixation of his pay scale and Rs.11,125/- as excess payment of encashment of earned leave. Therefore, total amount of Rs.1,07,505/-, which was paid excess to him was deducted from his gratuity. Aggrieved with the said deduction, the respondent no.1 had proceeded to file O.A. No.1599 of 2012 with following reliefs:- "A) Order No.E-1/GMTD/BJO/ Retirement/Hukum Singh/SDE/36 dated 19.10.2012 passed by SDE (HR/Admn) O/o General Manager, Telecom District (GMTD), Bijnor regarding recovery of excess payment of Rs.1,07,505/- during period of 7.7.2003 to 31.1.2012 towards excess payment of salary and also recovery of Rs.11,125/- toward excess payment of earned leave from the retiral benefits of the applicant may be quashed. In wrong fixation of pay scale of the applicant, there was no fraud or misrepresentation on the part of the applicant and no opportunity of hearing was given to the applicant before deducting the aforesaid amount from his retiral benefits. Above excess payment was determined after the retirement of the applicant. Therefore Section 71 of C.C.S. Pension Rule, 1972 applicable for the aforesaid recovery. B. Direction may be issued to return the amount of Rs.1,07,505/- alongwith interest of 12% per annum to the applicant which was deducted from the pensionary benefits to the applicant. As the respondents wrongly deducted the above amount from the pensionary benefits of the applicant."
(3.) The respondents in the original application (petitioners herein) had filed their counter affidavit and refuted the claim, which had been set out by the respondent no.1 (original applicants) precisely on the ground that due to clerical mistake, wrong fixation was made and as such the amount of Rs.1,07,505/- as excess payment had been made since 07.07.2003 to 31.1.2012 and in the light of Rule 71 of C.C.S. Pension Rules, 1972, the department has every right to recover the said excess amount, which had been paid to the petitioner under wrong impression. For ready reference, Rule 71 of C.C.S. Pension Rules of 1972 is quoted as below:- "71. Recovery and adjustment of Government dues:- (1) It shall be the duty of the Head of Office to ascertain and assess Government dues payable by a Government servant due for retirement. (2) The Government dues as ascertained and assessed by the Head of Office which remain outstanding till the date of retirement of the Government servant, shall be adjusted against the amount of the 1[retirement gratuity] becoming payable. (3)The expression 'Government dues' includes - (a) dues pertaining to Government accommodation including arrears of licence fee * [as well as damages for the occupation of the Government accommodation beyond the permissible period after the date of retirement of the allottee )] if any; (b) dues other than those pertaining to Government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductible at source under the Income Tax Act, 1961 (43 of 1961).";