SH VASUDEV GANESH GOKHALE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant has impugned the action and letters issued by the respondents dated 29.8.1996, 4.9.1996 and 30.8.1996 (Annexures A-1, A-2 and A-3), respectively. By these orders, the respondents have ordered and recovered the over payments made to the applicant since 1988 which the applicant has submitted has been done from his retirement dues.

(2.) The brief relevant facts of the case are that the applicant was appointed as Carriage and Wagon Khalasi with the respondents on casual basis on 13.3.1957. He was regularised on 1.10.1957. He was later promoted as Car Attendant in 1961 and as Ticket Collector in 1963. He has stated that he was thereafter, promoted as Guard in 1974 and retired from service in that post on superannuation on 31.8.1996.

(3.) LEARNED Counsel for the applicant has also relied on the provisions of Chapter X of the IREM (Annexure A-1) and has contended that under paragraph 1009, the arrears of pay and allowances or increments which have been allowed to remain in abeyance for a period exceeding one year, cannot be investigated by the Accounts Officer on his own authority. He has also relied on paragraph 1013 and has contended that the recoveries of over payments cannot be done byond one year of the date of payment as the respondents ought to have checked the amounts finally within one year, In the present case, he has contended that the respondents have not done anything for about eight years and thereafter, at the verge of retirement of the applicant, they have issued the impugned orders and recovered the huge amount which they cannot do. LEARNED Counsel for the applicant has submitted that it is also not the case of the respondents that the applicant was in any way responsible for the wrong fixation of pay which the respondents have not discovered for over eight years. In the circumstances, he has prayed that the impugned orders should be quashed and set aside with the directions to the respondents to pay to the applicant the recovered amount of Rs. 56,008/- together with interest @ 18% per annum from 31.8.1996 till it is paid, with deductions of any legitimate dues, like payment of scooter advance. He has also prayed for a direction to the respondents to fix his pensionary benefits in accordance with the rules, taking into account his claims and pay the arrears taking also into account the recommendations of the 5th Central Pay Commission.