Jammu, Sep 30: In O.A./1115/2025 (SRINAGAR) titled GHULAM RASOOL DARVsJAL SHAKTI DEPARTMENT after hearing CAT ordered as under:-
1. Through the medium of the instant O.A., the applicant has sought for thefollowing reliefs:
a. An order or direction setting aside the impugned communication bearingNo JSDH/Estt/260 dated 22- 04-2025 issued by the respondent no 4 by virtueof which recovery process for excess pay to the tune of Rs 22,17, 858 (Rupees twenty two lakh seventeen one thousand eight Hundrend and fifty eight) hasbeen initiated against the applicant.
b. An order od direction directing the respondents to ensure that nodeduction from gratuity or pensionary benefits is made by the respondentson account of impugned communication.
c. An order or direction directing the respondents to finalize the pension caseof the applicant and release all the pensionary benefits including gratuity,leave salary and GP fund in favour of the applicant.
d. Any other order or direction which the Hon'ble court may deem fit and proper in the given facts and circumstances of this case may also be issued in favour of the applicant and against the respondents, the same would be inconsonance with law and justice.
2. Alongside the main reliefs, the applicant has also sought for interim relief:
Pending final decision on the application, the applicant seeks the following interim relief;
Till the final disposal of O.A, it is therefore humbly prayed that the Hon'ble Tribunal may be gracious enough to stay the operation of impugned communication bearing No. JSDH/Estt/260 dated 22-04-2025 issued by the respondent no 4 by virtue of which recovery process for excess pay to the tune of Rs 22,17, 858 (rupees twenty two lakhs Seventeen one thousand eight Hundrend and fifty eight) has been initiated against the applicant.
Any other order or direction which the Hon'ble Tribunal may deem fit and proper in thegiven facts and circumstances of the case be also passed in favour of the applicant andagainst the respondents.
3. The facts of the case are that the applicant was appointed as Class IV employee Helper on 01.04.1994 in the respondent department and the applicants stated has superannuated from his active service on 28.02.2025.
It is stated that the applicant while in service was granted the benefit of upgradation of paying terms of SRO 59 of 1990 w.e.f. 01.01.2013.4. Learned counsel for the applicant submits that through the medium of the impugned order, recovery is sought to be made from the pensionary benefits of the applicant.
The applicant has assailed the order impugned on various grounds as have been mentioned in the O.A.5. Learned counsel for the applicant seeks strong reliance upon the judgment passed by the Hon'ble Apex Court in case titled as Rafiq Masih (White Was her case) as well as on the latest judgment of Thomas Daniel.
He submits that the applicant was a Class IV employee and recovery whatever was to be done with in his active service career, he submits that no recovery can be made at this stage once the applicant has already superannuated. He submits that the applicant has no where sought the benefit by way of any fraud or misrepresentation.
Thereference is also made to the judgment of the Hon'ble CAT Bench, Jammu incase titled as Muzammal Shah v. UT of J&K & Ors. passed in T.A./1580/2021decided on 28.04.2021 which was uphled by the Division Bench of the Hon'bleHigh Court of J&K and Ladakh in WPC No. 1806/2022 decided on 03.05.2023.
6. Heard learned counsel for the parties.
7. Issue notice. Mr. Rais ud din Ganaie, learned DAG appears and accepts noticefor the respondents who is granted six weeks' time to file his detailed response.
In the meanwhile, subject to objections of the other side and till next date ofhearing, the recovery which is sought to be made in terms of the order impugnedshall stay.
However, the applicant shall file an undertaking before the competentauthority that he shall reimburse the amount of recovery in case, he fails in theO.A.
Accordingly, since the applicant has superannuated, the pension case of theapplicant be accordingly processed in accordance with the law and theentitlement.
However, it is made clear that the fixation of pension shall be strictlymade in accordance with the law laid down by the Hon'ble High Court of J&K incase titled as Sita Ram v. UT of J&K.8. Alteration, modification on motion.
9. List on 13.11.2025.
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