The High Court dismissed a writ petition challenging an order of the Central Administrative Tribunal. The Tribunal had directed the recovery of erroneously paid special pay relying on prior judgments. The Court found no grounds to interfere.
The writ petition is dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:12007-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No. 6128/2021
----Petitioners
Versus
Bajrang Lal Sharma S/o Late Shri Govind Prasad Sharma, R/o House No. 1108, Gali No.4, Chopra Farm, Dadawara, Kota Junction, Kota And Retired On 31/08/2012 From The Post Of Chief Office Superintendent, Office Of Chief Works Manager (Work Shop) West Central Railway, Kota Division, Kota.
----Respondent
For Petitioner(s) : Ms. Nidhi Khandelwal For Respondent(s) : Mr. Chandar Bhan Sharma
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
11/03/2024 AVNEESH JHINGAN, J(ORAL):-
[2024:RJ-JP:12007-DB]
[CW-6128/2021]
(2 of 2)
to be taken into consideration while fixing the pay as per Vth Pay Commission. The necessary correction was carried out and letters dated 20.05.2013 & 27.02.2013 along with show cause notice dated 25.11.2010 were issued for recovery of the excess payment. Aggrieved respondent filed original application before the Tribunal. In the meantime, the amount was recovered and the respondent retired.
(BHUWAN GOYAL),J
(AVNEESH JHINGAN),J
ANU/SUDEEPAK/10
Reportable : Yes / No
2 issues framed by the court
Whether the High Court should interfere with the Central Administrative Tribunal's order directing the refund of erroneously passed special pay.
Whether the facts of the present case can be distinguished from the Tribunal's decision in OA No.20/2014.
Colour shows how this judgement treated each authority
Chandra Prakash Yadav & Anr. Vs. The Union Of India & Ors.Followed¶21
Chandra Prakash Yadav & Anr. Vs. The Union of India & Ors., OA No.20/2014
State Of Punjab And Ors. Vs. Rafiq MasihFollowed¶21
State of Punjab and Ors. Vs. Rafiq Masih (2015) 4 SCC 334 · Who else cites this
The Union Of India & Ors.
Bajrang Lal Sharma
Avneesh Jhingan
Bhuwan Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
