R S TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant through this OA impugns the order dated 23.8.2004 whereby his request for waiving of recovery of Rs. 31928/- as an excess payment of gratuity has been turned down.

(2.) Facts, which are undisputed, transpire that the applicant having served the Army joined ICMR and was permanently absorbed on 1.2.1991. The option accorded to retain military pension and gratuity resulted in exercise under Rule 19 (1) (a) of CCS (Pension) Rules, 1972 (for short 'Rules 1972'). On retirement on superannuation from ICMR on 28.2.2002, he was paid pro-rata pension and DCRG amounting to Rs. 292040/-. The applicant was asked on 17.2.2003 to refund an amount of Rs. 31928/- as an excess payment of DCRG. Applicant resultantly filed OA-1672/2003 raising an issue regarding retention of gratuity and non-applicability of the limit of Rs. 3.5 lacs as gratuity to the civil servant. The said OA was disposed of on 11.3.2004 to examine the plea of recovery under Rule 64 of the Rules 1972.

(3.) LEARNED counsel for applicant at the outset states that whatever as a limit under Rule 50 of the Rules 1972 as to the maximum limit of death gratuity to be paid to a civil servant to the tune of Rs. 3.5 lacs would have no applicability in the light of Rule 19 (1) (a) of the Rules 1972 wherein a Government servant on the reemployment to the civil service has an option to continue to draw military pension or retain gratuity received on discharge from military service and in that event, the former service in the military would not be reckoned as a qualifying service.