Shri Achyut Barman vs All India Radio

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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH

Original Application No. 269/2024
HON’BLE MR RAJINDER SINGH DOGRA, JUDICIAL MEMBER
1. Shri Achyut Barman,
Technician,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati,
Pin-781024, Mobile No:- 9864090320,
Email: [email protected]

2. Shri Arup Kumar Misra,
Programme Executive,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati, India's Public Service Broadcaster
Doordarshan Kendra,
Guwahati, Pin-781024

3. Shri Gaurabananda Talukdar,
Cameraman Grade II
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra,
Guwahati, Pin-781024

4. Smti Chandana Halder,
Ex- Programme Executive
under the Office of the Deputy Director General (Engineering)
Prasar Bharati, India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

5. Shri Debabrata Goswami
Programme Executive
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024
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6. Shri Biplab Kumar Das
Floor Manager,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

7. Shri Jiten Daimary
Programme Executive
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

8. Smti Snigdha Majumdar
Programme Executive
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

9. Smti Nabanita Das,
Erstwhile Programme Executive
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

10. Shri Surajit Sinha Roy
Programme Executive,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

11. Smti L. Aruna Chanu,
Programme Executive
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

12. Shri Arabinda Kumar Saud Floor Manager under the Office
of the Deputy Director General (Engineering)
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Prasar Bharati India's Public Service Broadcaster Doordarshan
Kendra, Guwahati, Pin-781024

13. Shri Akshay Kumar Das,
Floor Manager
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

14. Shri Bidhan Chanda,
Stenographer Grade-I
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024


15. Smti. Ruma Ahmed,
Film-Video Editor
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

16. Shri Kalyan Nath,
Engineering Assistant
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

17. Shri Dibakar Ch. Kalia,
Engineering Assistant
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

18. Shri Pranjit Das,
Engineering Assistant
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024
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19. Smti. Mamumani Chakraborty,
Make-up Artist,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

20. Smti. Nibedita S Mandha,
Make-up Artist
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

21. Smti. Syeda Momtaza Begum,
Tailor
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

22. Shri Ramesh Chandra Medhi
Carpenter
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

23. Shri Hemanta Kumar Borah
Senior Technician
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

24. Shri Dinesh Chandra Das
Senior Technician,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

25. Shri Ramen Kumar Sarma
Senior Technician,
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under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

26. Shri Newton Borah,
Senior Technician,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

27. Shri Nataraj Mandal,
Floor Manager
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

28. Shri Mohendra Mohan Das
Floor Manager,
under the Office of the Deputy Director General (Engineering)
Prasar Bharati India's Public Service Broadcaster
Doordarshan Kendra, Guwahati, Pin-781024

(Common Cause of Action)

...Applicants

-AND-

1. The Union of India Represented by
the Secretary to the Government of India,
Ministry of Information & Broadcasting,
A Wing, Shastri Bhawan,
New Delhi, PIN-110001.
2. The Director General,
Prasar Bharati, (India's Public Service Broadcaster)
All India Radio, Akashbani Bhawan
Parliament Street, New Delhi, Pin:-110001

3. The Director General, Doordarshan,
Prasar Bharati, (India's Public Service Broadcaster),
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Doordarshan Bhawan,
Copernicus Marg, New Delhi PIN-110001

4. The Additional Director General (A&BO) (NEZ),
Akashvani & Doordarshan,
R.G. Baruah Road, Guwahati-781024
5. Mr. T. Hynniewta
The Deputy Director General (Engineering)
Prasar Bharati, (India's Public Service Broadcaster),
Doordarshan R.G. Baruah Road, Guwahati-781024

---Respondents
Present:
For applicant(s): Sri A. Ahmed, Ms. S. Das

For respondents: Sri R. Hazarika, Addl. CGSC

Date of hearing: 05.08.2026 Date of Order: 25.08.2026


ORDER

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER :
This application has been preferred to seek the
following relief:
“8.1] To set aside and quashed the impugned Speaking Order cum Recovery
Order bearing No. DDK/GUW/O.A.No.040/00156/2018 dated 21.08.2024
issued by the Respondent No.5.
8.2] To direct the Respondents not to make any recovery from the Applicants
on account of SDA arrear payment from May 1997 to August 2008 made to
them in the year, 2016 as the Hon'ble Supreme Court of India has already
set aside and quashed the Recovery Order of the Applicants.
8.3] Any other relief(s) which the Applicants are entitled to as may deem fit
and proper.
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8.4] Costs of the application.”

2. Applicants are working in Doordarshan & All India
Radio under Prasar Bharati, (India's Public Service
Broadcaster) in different capacities. They have
approached this Tribunal being aggrieved by the order
dated 21.08.2024 issued by the Respondent No. 5, wherein
the arrear payment from May 1997 to August 2008 of Special
Duty Allowance (SDA) is sought to be recovered from the
applicants salary which was paid to them in the month of
January, 2016.
2.1. As per the applicants, the Office of the Director
General, All India Radio i.e Respondent No. 2 vide Circular
bearing No. 15(8)/2008-A&G (Vol. II)/514 dated 01.10.2015
in reference to Circular bearing No. reference to
Directorate Circular No. 15(8)/2008-A&G dated 30.03.2015
and F. No.15(8)/2008- A&G (Vol. II) dated 08.09.2015 has
issued clarifications for grant of payment of Special Duty
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Allowance (SDA in short) who had served in different
stations/offices of AIR & DDK of North Eastern Region.
The following clarifications are made while settling the
payment of Special Duty Allowance to its employees:-
"(i) All Station Heads/Head of Office are requested to examine each
individual case for Special Duty Allowance properly with all requisite
documents and ascertain their eligibility as per provisions of Special Duty
Allowance that existed at relevant time.
(ii) The clarification issued vide Directorate Circular of even number dated
08.09.2015 was for Special Duty Allowance to the Applicant who got decision
in their favour in various Courts. This clarification was issued without
prejudice to the employees who are already covered under the provisions.
(iii) After 01.09.2008, Special Duty Allowance will however, continue to be
regulated by Deptt. of Expenditure's O.M. dated 29.08.2008.
All the Station Heads are requested to settle the issue of Special Duty
Allowance in view of the above clarifications."
2.2. According to applicants, from the perusal of para (i) it
is crystal clear that with proper verification of requisite
document of individual and ascertain eligibility as per
provision of SDA the payment should be made by the
competent authority. The Respondents had paid the SDA
to the Applicants on 07.01.2016 with arrear from the month
of May 1997 to August 2008 after going through all requisite
documents, ascertaining their eligibility and after scrutiny
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then only they were granted SDA. At the relevant time when
the SDA arrear was paid to them they were Group 'C'
employee working under the Ministry of Information and
Broadcasting, Government of India.
2.3. That the present applicants alongwith other similarly
situated had earlier approached this Tribunal being
aggrieved with the order of the respondents issued in the
month of January 2018 to recover their arrear SDA payment
from 1997 till August 2008 in O.A No. 156 of 2018 to set aside
the impugned recovery order. The Tribunal after hearing
both the parties on 14.08.2018 disposed of the O.A by
directing the Respondents that the case of Group 'C'
employees cannot be recovered and in case of Group 'A'
& 'B' category are concerned whether recovery could be
made or not is to be examine by the Respondents in the light
of Para 4(ii) & (iii) of the DOP & T Office Memorandum No.
18/03/2015-Esst. (Pay1) dated 02.03.2016. Thereafter, the
Respondents had approached the Hon'ble Gauhati High
Court through Writ Petition (Civil) No. 8437 of 2019. The
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Hon'ble Gauhati High Court on 18.11.2019 was pleased to
dismiss the Writ Petition with the observation that "Tracing no
fault with the impugned order, the writ petition is dismissed."
Thereafter, the UOI/Respondents approached the Hon'ble
Supreme Court of India after 3 (Three) years by challenging
the final Judgment passed by the Hon'ble Gauhati High
Court vide Special Leave Petition (Civil) Diary No(s).
16262/2022 (Union of India & Others -Vs- Kingshuk Das &
Others, wherein it had held as under:
“Since the petitioners sought to effect recoveries from various categories of
employees, many of whom have by now retired from service and that two
without issuing any show cause notice(s), we do not find any error in the
impugned order dated 18.11.2019 passed by the High Court of Gauhati in
setting aside the recovery order(s) as such an action entailed civil
consequences. The Special Leave Petition is accordingly, dismissed. Pending
application(s), if any, shall stand disposed of.”
However, the respondents deliberately issued the
impugned speaking order dated 15.12.2023 wherein the
Respondent No. 5 has sought to recover the SCA payment
paid to the applicants before 31.08.2008, in compliance of
the order dated 14.08.2018 passed in O.A 156/2018. Further
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Respondent No. 5 issued another speaking order cum
recovery order dated 21.08.2024, which is contemptuous.
3. Sri A. Ahmed, learned counsel for the applicants
submits that Respondents cannot issue the impugned
Speaking order dated 21.08.2024 in compliance of the
Hon'ble Tribunal order dated 14.08.2018 passed in OA No.
156 of 2018 as the Hon'ble Gauhati High Court in WP (C) No.
8437 of 2019 and Hon'ble Supreme Court of India has
already set aside and quash the recovery order of the
Applicants. The instant case has attained finality in the eye
of law. Recovery from employees belonging to Class- III and
Class-IV services (Group 'C' and Group 'D' service) is not
permissible to make recovery from them on the plea of
excess payments. At the relevant time, all the Applicants
are working in Group "C" post. The recovery of excess
amount is impermissible if the conduct of employees are
concerned completely bonafide and not at fault on their
part.
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3.1. For that, the Hon'ble Supreme Court of India in case of
Shyam Babu Verma & Others Vs Union of India & Others
(reported 1994 2 SCC,521 )held that if there is no fault,
misrepresentation or fraud on the part of the Employee to
received any amount which has already been paid to
them, the same should not be recovered from them as no
fault on the part of the employee. In the instant case, the
Applicants have not misrepresented or committed any
fraud in taking the alleged higher pay fixation from the
Respondents by granting them arrear payment of SDA from
May 1997 to August 2008. However, with due consent and
approval from the competent authority, the Respondents
after full satisfaction has paid the same to the Instant
Applicants.
4. Respondents have stated that the Govt. of India vide
Notification has granted the benefit of Special Duty
Allowance (SDA) to the employees who had served in
different stations/Offices of All India Radio & Doordarshan of
N.E.Region. Pursuant to the said Notification, the Applicants
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have received the SDA on 07.01.2016 with arrears from May
1997 although they are not entitled for the same. At the time
of receiving the SDA all the Applicants were Group 'B'
employees and they furnished undertaking dated
05.01.2016 to the competent authority of DDK, Guwahati
(i.e. erstwhile PPC (NE) DD, Guwahati) to the effect that " in
the event of any ineligibility/inadmissibility or in case of any
order issued either by Prasar Bharti Secretariat or Director
General, Doordarshan/AIR, New Delhi or any other
competent authority in future, the arrear Special Duty
Allowance already disbursed/ likely to be disbursed, will be
refunded forthwith either in lump-sum or reasonable
installments towards its inadmissibility/ineligible, etc. ".
Copies of the said undertaking dated 05.01.2016 are at
Annexure R/1 (Series).
4.1 Thereafter, the respondents having found that the
Applicants are not eligible/entitled to the SDA issued
recovery order dated 12.01.2018, against which the
employees approached this Tribunal vide O.A.No.156/2018
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for setting aside the Order of recovery, which came to be
disposed of on 14.08.2018 directing the Respondents to
examine the case of Group 'A' & 'B' employees and pass a
Speaking Order. Thereafter, the Respondents approached
the Hon’ble Gauhati High Court vide W.P.(C) No. 8437/2019
before the Hon'ble Gauhati High Court and the Honble High
Court was pleased to pass the Judgment dated 18.11.2019
inter-alia holding that every employee is required to be
given an opportunity of hearing to show-cause as to why
the SDA amount shall not be recovered from them with
further direction to serve show-cause notice to Group 'A' &
'B' employees before recovery is affected and with regard
to Group 'С employees there shall be no recovery in terms
of Rafiq Masih and Jagdev Singh's case.
In compliance of the said Order dated 18.11.2019 passed
by the Hon'ble Gauhati High Court, the Respondents
Authority has issued Show-cause notice dated 30.12.2019 to
all Group 'A' & 'B' employees, including the present
Applicants, asking them to show-cause within 08.01.2020.
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Inspite of receipt of said show-cause notices none of the
employees have submitted their reply. Since no show-
cause reply has been received from any of the employees,
the respondents Authority has issued the Speaking Order
dated 21.08.2024 inter-alia stating that the irregular
payment of arrear SDA received by the employees are
required to be recovered.
4.2. As per the respondents, the case of the applicants
are not applicable to Rafiq Masih. Here in the instant case,
all the Applicants are Group 'B' employees and prior notice
of recovery was served upon them. Moreover, all the
Applicants have also furnished undertaking dated
05.01.2016 whereby they undertook to refund the amount if
they are found ineligible for the same. Now they cannot be
allowed to divert from the undertaking.
The said aspect has already been dealt with by the Hon'ble
Supreme Court in the case of High Court of Punjab &
Haryana-Vs-Jagdev Singh , reported in (2016) 14 SCC 267 .
The Hon'ble Supreme Court has observed that "the Clause
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pertaining to waiver for recovery as mentioned in Rafiq
Masih's case is not applicable if an officer to whom the
payment was made in the first instance was clearly placed
on notice that any payment found to have been made in
excess would be required to be refunded. The Officer
furnished an undertaking while opting for the revised pay
scale, he is bound by the undertaking".
5. Heard the learned counsel for the parties and perused
the records.
6. This Tribunal in similar case O.A/10/2024, wherein the
applicant aggrieved with the speaking order dated
15.12.2023 against the recovery of SDA allowance, had
dealt with the same issue and passed the following order:
“7. I have heard learned counsel for the applicants as well as
respondents, gone through the pleadings available on record
and various judgments/case laws cited to support their case.
8. Analysis:
(a) Whether the applicants can claim the benefit of Clause
4(ii) and 4(iii) of DoPT order dated 02.03.2016 wherein
recoveries from employees would be impossible in law?
The applicants were Group ‘B’ employees at the time of grant
of SDA and the applicants’ counsel has relied upon the
judgment in para 3 wherein except in case of Sl. No. 6 all
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employees were Group ‘C’ employees. In the case of Sl. No.
6, relief was granted in case of Group ‘B’ employees as no
notice for recovery was issued by the respondents and the
applicants cannot claim the benefit of said judgment as the
facts are different. The counsel for respondents have relied
upon the case of Chandi Prasad Uniyal (supra) wherein
recovery can be made for wrong/irregular pay fixation. In
view of the settled legal position, the applicants cannot claim
the benefit of Rafiq Masih (White Washer) (supra) and
Department’s DoPT OM dated 02.03.2016.
(b) Whether the respondents have followed due process of
law in making the recovery from the applicants?
As regards 8(b), the applicants have claimed that recovery
was made violating the principles of natural justice as no
show cause notice was issued to them. Respondents, on the
other hand, have stated that no reply was given to show case
notice issued on 30.12.2019. In addition, the applicants had
submitted an ‘Undertaking’ at the time of payment of SDA.
The Hon’ble Supreme Court in the case of Jagdev Singh
(supra) has held it to be correct and the recovery from the
applicants have been made by following due process and is
held to be correct.
9. In view of the foregoing reasons, I do not find any merit on
the O.A, and the same is dismissed.”

7. The applicants in the instant case are also aggrieved
with the recovery of SDA allowance which was paid to them
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pursuant to the Circular issued by the respondents for grant
of SDA for the employees of North Eastern Region in the
department. Applicants have received the SDA on
07.01.2016 with arrears from May, 1997. But at the time of
receiving the SDA, all the Applicants were Group 'B'
employees and they furnished undertaking dated
05.01.2016 to the competent authority that " in the event of
any ineligibility/inadmissibility or in case of any order issued
either by Prasar Bharti Secretariat or Director General,
Doordarshan/AIR, New Delhi or any other competent
authority in future, the arrear Special Duty Allowance
already disbursed/ likely to be disbursed, will be refunded
forthwith either in lump-sum or reasonable installments
towards its inadmissibility/ineligible, etc. ". The present
applicants are also similarly situated with the
abovementioned O.A/10/2024. In the O.A 10/2024,
speaking order passed on 15.12.2023 was challenged, and
in continuation, respondents have passed another speaking
order cum recovery order i.e 21.08.2024 and show cause
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notice was also issued to all concerned, which is under
challenged in this O.A.
8. In view of the observations made hereinabove, I do not
find any merit and the O.A is dismissed. No costs.


(RAJINDER SINGH DOGRA)
MEMBER (J)


SS

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