ASHUTOSH BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant, who is a retired Station Master, Bandel, under the Divisional Railway Manager, Eastern Railway, Howrah, has filed this application under Section 19 of the Administrative Tribunals Act, 1985, mainly for a direction to the respondents to refund him a sum of Rs. 23,508/-, which was recovered from his towards overpayment which accrued w.e.f. 1.1.84, by deducting the amount from his DCRG and for a further direction for fixation of his pay according to the last actual pay drawn on the date of retirement.

(2.) The applicant's contention is that while he was working as Station Master vide office order dt. 25.2.87/6.4.87, his pay was fixed at Rs. 600/- from 1.1.84, Rs. 620/- from 1.1.85 and Rs. 640/- from 1.1.86 in the scale of Rs. 425-640/- (RS) with effect from 14.2.84 and 26.3.84 against released vacancies due to restructuring when he was working as Asst. Station Master and accordingly, the applicant received his salary from time to time on the basis of that pay fixation. Vide office order dt. 18.7.1996 the applicant received information that his pay has been wrongly fixed at Rs. 600/- in the scale of Rs, 455-700/- (RS) w.e.f. 1.1.84 and the same was being refixed w.e.f. 1.1.84 onwards and as he was due to retire on 1.11.96 (FN), the overpayment involved was to be recovered from his settlement dues. The applicant submitted a number of representation to the Authorities for reconsideration of his case of alleged wrong fixation of pay w.e.f. 1.1.84, categorically stating therein that the pay scale had been rightly fixed in accordance with the revised scale (4th Pay Commission) subsequent to 1.1.84 and also that he was entitled to avail the benefit of fixation in the scale of Rs. 455-700/- (RS) at the time of promotion in terms of Serial Circular No. 179-81 and as such no recovery should be made from his retiral benefits. But his prayer was not acceded to by the Authorities and his representations/appeals were regretted having no merit, vide letter dt. 28.12.99 (Annexure-A). Hence the present application.

(3.) MR. A.K. Bairagi, learned Counsel for the applicant, during the course of hearing submitted that the applicant was allowed the pay of Rs. 600/- from 1.1.84, Rs. 620/- from 1.1.85 and Rs. 640/- from 1.1.86 as per office order dt. 25.2.87/6.4.87 (Annexure-B) and he continued to receive that pay along with time to time increments and other benefits on the basis of that pay till July 1996. While the applicant was to retire on 1.11.96, the office order dt. 18.7.96 (Annexure-C) was served on his. Accordingly, the applicant's pay was reduced and an amount of Rs. 23,508/- was recovered from his without any prior notice and without following due process of law/rules of natural justice and without giving him a chance of personal hearing in the matter, even though by that time he was allowed to continue with the pay scales as stated above April 1987 w.e.f. 1.1.84 till July 1996 for about more than 12 years. When the alleged error was said to have been detected after a lapse of 10 years of continuous payment, the department should not have reduced the pay unilaterally, without any notice to show cause.