Disposed

Varghese Tomas v. Union of India

Kerala HC3 Jun 2024OP (CAT)/95/2024

Case brief

AI extract

What is this about?

Railway employee challenged Tribunal's refusal of interim relief against recovery of alleged overpayment from retirement benefits. The High Court restrained further recovery from retirement benefits until the Original Application is decided and disposed of the petition.

What did the court decide?

Respondents restrained from further recovery of the amount from petitioner's retirement benefits till disposal of OA No.141/2024.

Varghese Tomas Vs Union of India — Pension and Retirement Benefits | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THE HONOURABLE MR. JUSTICE EASWARAN S.

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MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
OP (CAT) NO. 95 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED 13.03.2024 IN OA NO.141
OF 2024 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH

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PETITIONER/APPLICANT:

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VARGHESE TOMAS, AGED 59 YEARS
S/O. N.K. THOMAS, CREW CONTROLLER, KOLLAM,
PREVIOUSLY LOCO PILOT (PASSENGER -I), SOUTHERN
RAILWAY, THIRUVANANTHAPURAM, RESIDING AT
NELLUMMUTTIL VILAYIL, KATTANAM, ALAPPUZHA,
KERALA, PIN - 690503
BY ADV M.S.UNNIKRISHNAN NAIR

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RESPONDENTS/RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI, PIN - 600003

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2 DIVISIONAL RAILWAY MANAGER SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 695014

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3 SENIOR DIVISIONAL PERSONNEL OFFICER OFFICE OF THE DRM, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 695014

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4 SENIOR DIVISIONAL FINANCE MANAGER OFFICE OF THE DRM, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 695014

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5 CHIEF VIGILANCE OFFICER SOUTHERN RAILWAY, PARK TOWN, CHENNAI, PIN – 600003.

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OTHER PRESENT:

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SRI.T C KRISHNA SCGC

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THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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OP(CAT) 95/2024

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AMIT RAWAL & EASWARAN S., JJ.

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OP (CAT) No.95 of 2024

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Dated this the 3^rd day of June, 2024

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J U D G M E N T

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Amit Rawal, J.

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Alleging recovery of over payment based on Annexure-A3 salary reduction memorandum dated 19.9.2023, the petitioner approached the Central Administrative Tribunal, Ernakulam Bench in O.A.No.141/2024. But, the Tribunal rejected the prayer for an interim relief vide Ext.P1 order and the Original Application is pending. It is challenging Ext.P1 order dated 13.3.2024, the petitioner/applicant is before this Court in the present Original Petition.

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In support of his contention, the learned counsel for the petitioner/applicant relied upon the judgment of the Supreme Court in State of Punjab and Others v. Rafiq Masih (White Washer) and Others [(2015) 4 SCC 334] . The learned Tribunal though kept the Original Application pending, but declined the relief vide the impugned order dated

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OP(CAT) 95/2024

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13.3.2024, Ext.P1. Adv.T.C.Krishna, learned Central

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Government Standing Counsel appears for the respondents.

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The learned Standing Counsel for Union of India submitted that the petitioner had retired from service on 31.5.2024. We have not been informed as to how much is the amount recovered and the balance to be recovered. Till the pendency of the Original Application before the Tribunal, we restrain the respondents from making further recovery of the amount from the retirement benefits of the petitioner/applicant.

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The Original Petition stands finally disposed of.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S.

JUDGE

jg

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OP(CAT) 95/2024

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APPENDIX OF OP (CAT) 95/2024

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PETITIONER ANNEXURES

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`Exhibit P1`	`TRUE COPY OF THE ORDER OF THE CENTRAL` `ADMINISTRATION TRIBUNAL, ERNAKULAM BENCH IN OA.` `NO. 180/141/2024 DATED 13.03.2024`
`Exhibit P2`	`TRUE COPY OF THE ORIGINAL APPLICATION NO.` `180/141/2024 DATED 13.03.2024 ALONG WITH ITS` `ANNEXURES`
`Annexure A1`	`TRUE COPY OF LETTER NO. SR-TVCOPB (P524)/` `14/2021(179287) DATED 28.06.2023.`
`Annexure A2`	`TRUE COPY OF APPLICANT'S REPRESENTATION DATED` `21.07.2023 TO RESPONDENT NO.3.`
`Annexure A3`	`TRUE COPY OF MEMORANDUM NO. SR-TVCOPB` `(P524)/14/2021/(179287) DATED 19.09.2023.`
`Annexure A4`	`TRUE COPY OF THE RAILWAY BOARD ORDER RBE NO.` `33/2016 DATED 08.04.16 ALONG WITH OM NO.F-2-` `1/2015-E.III(A) DATED 16.10.2015.`
`Annexure A5`	`TRUE COPY OF PARA 7.36.46 OF REPORT OF THE VI` `CPC`
`Annexure A6`	`TRUE COPY OF RBE NO.196/2017 DATED 29.12.2017.`
`Annexure A7`	`TRUE COPY OF THE ORDER DATED 18.12.14 IN CIVIL` `APPEAL NO.11527 OF 2014 AND CONNECTED CASES` `PASSED BY THE HON'BLE SUPREME COURT.`
`Annexure A8`	`TRUE COPY OF THE RAILWAY BOARD ORDER RBE NO.72` `OF 2016 DATED 22.06.2016 ALONG WITH OM` `F.NO.18/03/ 2015-ESTT (PAY-1) DATED 02.03.2016.`
`Annexure A9`	`TRUE COPY OF THE KAT ORDER IN OA 874/2016.`
`Annexure A10`	`TRUE COPY OF THE ORDER OF THE HONORABLE HIGH` `COURT OF KERALA IN OP (KAT) NO.95 OF 2023.`
`Annexure A11`	`COPY OF THE LOK SABHA PROCEEDINGS IN QUESTION` `HOUR ON 15.12.2021.`

Varghese Tomas v. Union of India

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Varghese Tomas v. Union of India

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