Prem Pal vs NORTHERN RAILWAY

Item No. 3 (C-V)

1
OA No. 3840/2026

CENTRAL ADMINISTRAT
TIVE TRIBUNAL
PRINCIPAL BENCH,

O.A. No. 3840/2026
th
This the 5 day of Octob
ble Shri Rajveer Singh Ve
NEW DELHI



Hon’b

6
ber, 2026
erma, Member (J)
Prem
S/o S
R/o 3
Gali N

m Pal (Age 63 years)
Sh. Charan Singh
331/B, Sunder Puri,


No. 6, Ghaziabad 201009



……Applicant
(By A
Advocate: Mr. Ankit Kumar
r)
Versus










1. Union of India
Ministry of Railways, North
Rail Bhawan, Raisina Raod
hern Railway
d, New Delhi 110001
2. Divisional Railway Mana
Northern Railway, Baroda
New Delhi 110001

ager
House


….Respondents

iwari)
(By A
Advocate: Mr. Shailendra Ti








ANJALI NEGI
ANJALI 2026.10.16
10:30:22
+05'30'
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Item No. 3 (C-V)

2
OA No. 3840/2026

ORDER (ORAL)
)
The
applicant rendered m
more than 36 years of
f
servi
ice and superannuated
d on 31.01.2023 while
e
servi
ing as Senior Technicia
an (CW) at Nizamuddin,

New
Delhi Northern Railwa
ays. At the time of his
s
retire
ement the applicant
t was paid gratuity
y
amou
unting to Rs. 10,51, 97
74/- and the commuted
d
value
e of pension amountin
ng to Rs. 9,08,551/-.

The
applicant was informe
d by the departmental
l
repre
esentative that a sum
m of Rs. 1,60,000/-
-
recov
vered from the said reti
iral benefits on account
t
of an
n alleged wrong pay fixa
ation made in the year
r
2013
3. The present OA is
filed for the following
g
relief
f:-
“(I) Allow the pres
and quash and s
₹ 1,60,000/- made
of the Applican
excess payment a
fixation

(II) Direct th
refund/release th
illegally recovere
gratuity and/or
pension, along
applicable rate fr
till the date of act

(III) Direct the Re
and pass a reaso
upon the Applican
11.02.2026, in a
laid down by the
sent Original Application
set aside the recovery of
e from the retiral benefits
nt towards the alleged
arising out of wrong pay
he Respondents to
he amount of ₹ 1,60,000/-
ed from the Applicant's
r commuted value of
with interest at the
rom the date of recovery
tual payment;
espondents to reconsider
oned and speaking order
nt's representation dated
accordance with the law
e Hon'ble Supreme Court
ANJALI NEGI
ANJALI 2026.10.16
10:30:22
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Item No. 3 (C-V)

3
OA No. 3840/2026
in State of Punja
(White Washer) &
11527 of 2014,
judgments;

(IV) Declare tha
alleged excess
Applicant, being
employee, in the
misrepresentation
part, is arbitrary,
contrary to the p
the Hon'ble Supre

(V) Direct the
appropriate inte
wrongfully recov
recovery till the d
so as to compens
deprivation of his

(VI) Award the
proceedings in f
and

(VII) Pass such ot
this Hon'ble Trib
proper in the fac
the present case
justice.”
ab & Ors. v. Rafiq Masih
& Ors., Civil Appeal No.
, and other applicable
at the recovery of the
payment from the
g a Group 'C' retired
e absence of any fraud,
n or concealment on his
, illegal, inequitable and
principles laid down by
eme Court of India;
Respondents to pay
erest on the amount
vered, from the date of
date of its actual refund,
sate the Applicant for the
lawful retiral benefits;
costs of the present
favour of the Applicant;
ther or further order(s) as
bunal may deem fit and
cts and circumstances of
e and in the interest of

2. Be
eing aggrieved by the a
aforesaid recovery, the
e
appli
icant submitted r
representation dated
d
11.02
2.2026 to the responde
ents requesting them to
o
refun
nd/release the amoun
nt of Rs. 1,60,000/-
-
recov
vered from his retiral be
enefits.
3. Is
ssue notice. Mr. Sha
ailendra Tiwari , who
o
appe
ears on advance ser
rvice accepts notice.

Learn
ned counsel for the re
espondents seeks four
r
week
ks’ time to file counter r
reply.
ANJALI NEGI
ANJALI 2026.10.16
10:30:22
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Item No. 3 (C-V) 4 OA No. 3840/2026

4. At this stage, learned counsel for the
applicant states that the applicant will be fairly
satisfied if the pending representation dated
11.02.2026 is decided by the respondents by
passing a reasoned and speaking order within
time bound manner.
5. Learned counsel for the respondents opposes
the prayer made by learned counsel for the
applicant on the ground that the applicant has
not made any reference to any statutory
provision in support of the contention raised in
her representation dated 11.02.2026.
6. After hearing learned counsels of both sides, I
am of the view that the OA is liable to be
disposed of at this stage in terms of the prayer
made by the learned counsel for the applicant.
7. Accordingly, the present OA is disposed of at
admission stage itself with the direction to the
respondents to pass a reasoned and speaking
order on the representation of the applicant
within a period of 8 weeks from the date of
receipt of certified copy of this order.
ANJALI NEGI
ANJALI 2026.10.16
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Item No. 3 (C-V)

5
OA No. 3840/2026
8. W
We make it clear that w
we have not expressed
any
opinion regarding the
merits as well as on
the l
imitation criteria.
9. OA
A is disposed of accordi
ingly. No costs.
10. A
All pending MAs stand
disposed of, if any.






/an/
(Ra


ajveer Singh Verma)
Member (J)


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ANJALI 2026.10.16
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