Jagjit Pal Singh vs M/O RAILWAYS

1



CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH


ORIGINAL APPLICATION NO.886/2025
th
On this the 12 Day of August, 2026


CORAM:


HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Jagjit Pal Singh aged 61 years, S/o S. Harbhajan Singh, Ex-
Carpenter (MCM) R/o House No. 104, New Dashmesh Nagar
extension, Rama Mandi, Jalandhar
…. Applicant
(By Advocate: Shangara Singh).
Versus

1. Union of India, through Secretary, Ministry of Railway,
Railway Board, Rail Bhawan, New Delhi.
2. Deputy CMM Jagadhari Workshop (Northern Railway)
Jagadhri, Yamuna Nagar (HR) (Deputy CMM Jagadhari
Workshop for short)
…. Respondents

(By Advocate: Sh. K. P. Chauhan).


DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:44+05'30'
DEVI

2



O R D E R (ORAL)
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant
under Section 19 of the Administrative Tribunals Act, 1985,
praying that the impugned order dated 06.07.2024 be
quashed/ set aside. The illegally recovered amount of Rs.
2,20,000/- from the terminal benefit alongwith difference of
pension paid w.e.f 01.11.2003 till date be got refunded with
interest @ 9% per annum.
2. Briefly stated, the facts of the case are that the applicant
retired from Railway service in the capacity of a Carpenter,
belonging to Group 'C. Vide letter no. 870-E/Pay Fixation
order/C1-III/S-JUDW dated 6.7.2024, it was intimated that
pay of the applicant had been wrongly fixed and the same
stood rectified vide aforesaid letter (notice). The applicant
submitted representation dated 24.05.2025 (Annexure A-2)
followed by reminder dated 04.07.2025 but got no response
(Annexure A-3). The applicant got served a legal notice dated
17.07.2025 (Annexure A-4) but respondent continued to pay
reduced pension as per amended calculation sheet which is
illegal and opposed to rule 90 of the Railway Service Pension
Rules. The respondents replied to legal notice vide letter dated
11.08.2025 (Annexure A-5). Vide letter dated 06.07.2024, it
was intimated that pay of applicant has been wrongly fixed and
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:44+05'30'
DEVI

3



further it was decided that exact pay fixation will be calculated,
which has been done vide the aforesaid letter. The intimation
was furnished to applicant. According to applicant the aforesaid
letter does not even remotely indicate the issue of recovery of
excess payment. The facet of recovery of excess payment was
deliberately concealed and suddenly recovery of Rs.
2,20,000/- was effected from his terminal benefit
(gratuity) in lump sum without issuance of any show
cause notice against the principles of natural justice .
Applicant superannuated on 31.07.2024. The applicant has
contended that he has neither misrepresented the fact nor
furnished any false information resulting in any fraudulent act.
The action on the part of administration is not only unjustified
or irrational but against all canons of justice/judicial
pronouncements.
3. Applicant has relied upon judgment of Hon’ble Surpeme Court
in the case of State of Punjab & Ors vs Rafiq Masih & Ors,
2015(1). Further, he has referred to decisions of CAT
Chandigarh in case O.A. No. 060/00151/2017 titled Bhopal
Singh Vs. Union of India, and OA No. 060/01151/2015 titled
Bachan Singh Vs. Union of India, staying the recovery of
excess payment made to the applicant. Further, Vide letter
dated 02.03.2016, Government of India Ministry of Personnel,
Public Grievances & Pensions Department of Personnel &
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:44+05'30'
DEVI

4



Training New Delhi issued Office memorandum with regard to
the recovery of wrongful excess payments to Government
servants which is in line with the aforesaid judgment.
4. The respondents have filed written statement on 09.12.2025
submitting that applicant was appointed as a Carpenter-III
(Grade Pay: Rs. 950–4590) at DCW/Patiala on 14.03.1989,
and subsequently transferred from DCW, Patiala, to the
Jagadhri Workshop Complex on bottom seniority. He was due
for superannuation on 31.07.2024. Prior to his retirement on
31.07.2024, his service book was forwarded to the Accounts
Department at Amritsar for verification. During scrutiny, it was
observed that the petitioner's pay had been incorrectly fixed,
and the department advised rectification. Consequently, his
pay fixation was thoroughly reviewed and revised with effect
from 1.11.2003, leading up to his retirement. The revised
fixation sheet was duly vetted by the Sr. AFA/ASR on
10.07.2024, and the resulting overpayment was subsequently
recovered from the settlement dues from the applicant.
5. I have perused facts on record. It is apparent pay has been
refixed after verification at the time of superannuation leading
excess payment recovered in lump-sum without show cause.
This action of respondents is unjustified and against natural
justice. No misrepresentation can be attributed to applicant as
its error in pay fixation by respondents. This case is covered
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:44+05'30'
DEVI

5



by the Hon’ble Supreme Court decision in the case of Rafiq
Masih (supra). Consequently, the amount recovered to be
refunded to applicant within a period of six weeks from receipt
of certified copy of this order.
6. The O.A. is allowed as above. No costs.

(RASHMI SAXENA SAHNI)
MEMBER (A)

/kr/

DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112
c485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
KAMLA SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6
afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.08.20 09:58:44+05'30'
DEVI