The Union Of India And ORS v. Matthew John And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/20/2024 The Union of India and others Vs.

Mathew John and others Mr. V.D.Sivabalan ... for the petitioners March 20, 2024 [SR] Item No.1 Heard Shri V.D.Sivabalan, learned counsel for the petitioners. This writ petition has been filed praying to quash the order dated 01.12.2023 in OA/351/203/2014, MA/351/015/2020 and MA/351/548/2021, passed by the Central Administrative Tribunal, Kolkata Bench, Kolkta (Circuit Sitting at Port Blair). Learned counsel for the petitioner submits that the petitioners are aggrieved with the aforesaid impugned order of the Central Administrative Tribunal only to the extent that the Tribunal has directed the authorities not to effect any recovery of excess amount that may have been paid to the applicants.

We find that the learned counsel for the petitioners admits that the respondents/applicants were working as Draughtsman i.e. Class-III employees. The orders for recovery were issued between March and December, 2014 against the applicants alleging excess payment of salary dating back to more than five years. It is admitted by the learned counsel for the petitioners that the applicants were about to retire when recovery was initiated and during pendency of the aforesaid Original Application, they retired from service. Considering the facts and circumstances of the case and the law laid down by Hon'ble Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) and others, (2015)

4 SCC 334, we do not find any manifest error of law in the impugned order of the Central Administrative Tribunal whereby it has been directed to the petitioners herein not to effect any recovery of excess amount from the respondents/applicants. Therefore, there is no merit in the present writ petition.

Consequently, the writ petition is dismissed. (Surya Prakash Kesarwani, J.) (Kausik Chanda, J.)