- (1.) As both these petitions challenge the same order dated 31st March, 2011 passed by the Central Administrative Tribunal, Allahabad ( in short the 'Tribunal' ) in Original Application No.1291 of 2009, with the consent of the learned Counsel for the parties, both these petitions have been heard together and are being decided by a common order.
(2.) We have heard Sri Subodh Kumar for the petitioners; Sri Ajay Rajendra for the respondent in both the petitions and have perused the record.
(3.) The facts giving rise to the present petition could be summarized as follows:- The sole respondent (Rajesh Chandra) was initially appointed as Battery Man on 13.2.1973 and thereafter confirmed on 1.3.1976. Under the provisions of One Time Bound Promotion (in short 'OTBP'), the respondent was granted promotion on 14.12.1989, after completion of 16 years of service w.e.f. 12.12.1989. His salary was likewise fixed in the higher scale w.e.f. 23.2.1989. The sole respondent thereafter superannuated at the age of 60 years on 31.3.2008. At the time of superannuation, the pay of the respondent was Rs. 6,970/- in the scale of pay of Rs. 4720-150-6970 and his pension was calculated accordingly keeping in view the last pay drawn. After his retirement, by order dated 7.7.2008, the department modified the date of OTBP from 12.2.1989 to 1.12.1990 without any notice and, thereafter, by order dated 1.8.2008, the department issued another last pay certificate thereby reducing the applicant's pay from Rs. 6,970/- to Rs.6,820/-. Consequent to such revision, recovery of Rs.26,957 was ordered. Aggrieved by downward revision of his pay and its effect on his pension as well as recovery, OA No.342 of 2009 was filed by the respondent which was disposed of by the Tribunal by giving liberty to the respondent to file a representation which was to be decided by the department by a speaking order. Pursuant to the liberty given by the Tribunal, the respondent submitted his representation dated 27.5.2009, which was rejected by order dated 7.10.2009.;