LAKSHMANAN, CJ. - (1.) THE Divisional Railway Manager, Northern Railway, Bikaner and two others are the petitioners before us.
(2.) THE respondent herein filed an original application before the Central Administrative Tribunal praying for setting aside the order dated 18. 11. 97 and for a direction to the respondents therein to pay the amount of DCRG along with interests at the rate of 18% per annum. According to the respondent herein, he retired on superannuation from the post of khalasi with effect from 31. 10. 92 and that the Railway Department issued pension payment order in November, 1992. However, DCRG has not been sanctioned for reasons best known to the Department, hence he filed the above original application before the Central Administrative Tribunal. It was contended on behalf of the Railways that the respondent herein had been on leave without pay, for a period of one year six months and three days during the period February, 1986 to October, 1992. However, he was paid full pay and allowances during the said period. Thus, the respondent was not entitled to any pay and allowances for the period of leave without pay. However, the respondent has been paid full pay and allowances for the said period erroneously. It has also been contended by the Railways that in terms of Rule 15 of Railway Service (Pension) Rules, 1993, recovery on account of other payment made, as discussed above, can be made and, therefore, the respondent is not sanctioned any DCRG because the recovery of overpayment is more than the amount of DCRG entitlement of the respondent herein. The Central Administrative Tribunal, after going through the service record of the respondent herein and the other records, came to the conclusion that as per the provisions of CCS (Pension) Rules, which has been parallel to the Railway Service (Pension) Rules, there is a statutory obligation on the Head Office to assess the Government dues two years prior to the date of retirement, but in no case less than eight months from the date of superannuation. In the Railway Rules, as has been mentioned above, the Head Office is required to furnish the details of outstanding dues to the Accounts Officer atleast two months in advance. In the instant case, over-payment made to the respondent herein, during the period of his service had been intimated to the respondent on 18. 11. 97, while the respondent had retired on 31. 10. 92, i. e. almost after five years of his retirement. The original application was accordingly allowed with a direction to the Railways to release the gratuity of the respondent within a period of three months from the date of receipt of the said order together with interest at the rate of 12% per annum on Gratuity from the date it became due, till the date of payment. Aggrieved against the said order, the Railway Department preferred the above writ petition to quash the order passed by the Central Administrative Tribunal in Original Application No. 361/1997 and also set aside the direction issued in favour of the respondent herein for making payment of Rs. 11,113. 50, with interest, to the Railway Administration.
(3.) AT the time of hearing, it is argued by the learned counsel for the Railways, Mr. S. S. Purohit that the Central Administrative Tribunal, while deciding the application, has ignored the important fact of concealment of the true facts by respondent No. 1 while filing his Original Application in respect of submitting his claim before the Pension Adalat in respect of getting the DCRG and the reply filed by the Railway Administration before the Pension Adalat. It is further submitted by Mr. Purohit that the order passed by the Tribunal suffers from passing an order without considering the Rules and in violation of the Rules. At the time of hearing, the learned counsel invited our attention to Rule 15 of Railway Pension Rules. The said Rule reads thus: "15. Recovery and adjustment of Government or railway dues from pensionary benefits.- (1) It shall be the duty of the Head of Office to ascertain and assess Government or railway dues payable by a railway servant due for retirement. (2) The railway or Government dues as ascertained and assessed, which remain outstanding till the date of retirement or death of the railway servant, shall be adjusted against the amount of the retirement gratuity or death gratuity or terminal gratuity and recovery of the dues against the retiring railway servant shall be regulated in accordance with the provisions of sub-rule (4) (3) For the purposes of this rule, the expression "railway or Government dues" (a) dues pertaining to railway or Government accommodation including arrears of licence fee, if any; (b) dues other than those pertaining to railway or Government accommodation, namely balance of house-building or conveyance or any other advance, overpayment of pay and allowance, leave salary or other dues such as Post Office or Life Insurance premia, lossess (including short collection in freight charges shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service. (4) (1) A claim against the railway servant may be on account of all or any of the following:- (a) losses (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service; (b) other Government dues such as over-payment on account of pay and allowances or other dues such as house rent, Post Office or Life Insurance Premia, or outstanding advance, (c) non-Government dues. " It is contended by Mr. Purohit that since Rule 15 of the Railway Pension Rules does not provide or prescribe any period of limitation, the Railway Administration is entitled to effect recovery of the amount paid to the respondent herein. However, it is seen from the order of the Tribunal that the Tribunal has relied on the provisions of C. C. S. (Pension) Rules, which is paralled to Railway Service (Pension) Rules which prescribed the period of limitation. It is seen from the said Rule that it is the statutory obligation on the Head of Office to assess the Government dues two years prior to the date of retirement but in no case later than eight months from the date of superannuation. ;