Facts
The applicant, a retired Executive Engineer (C) from the Delhi Development Authority (DDA), challenged the Pension Payment Order (PPO) No. 50116 dated 11.04.2022, which reduced his last basic pay from ₹93,800 to ₹90,300.
Source reference: p. 2Following his superannuation, the respondents recovered ₹7,94,406 from his gratuity.
Source reference: p. 2The applicant contended that this recovery was illegal based on the precedent in Lakshmi Chand v. DDA (OA 2978/2023).
Source reference: p. 2Although the applicant submitted a written representation on 16.02.2026, the respondents failed to provide a response.
Source reference: p. 2The applicant approached the Tribunal seeking the quashing of the recovery order, restoration of basic pay, and a refund of the recovered amount with interest.
Source reference: p. 2Issues
1. Whether the respondents’ unilateral reduction of the applicant's basic pay and subsequent recovery from his gratuity post-superannuation is legally sustainable.
Source reference: p. 22. Whether a direction should be issued to the respondents to decide the applicant’s pending representation in a time-bound manner.
Source reference: p. 3-4Law Applied
The Tribunal relied on the principles of natural justice and the legal position regarding post-retirement recoveries as enunciated in Lakshmi Chand v. DDA (OA 2978/2023).
Source reference: p. 2, 4It also operated under Section 19 of the Administrative Tribunal Act, 1985.
Source reference: p. 1-2The court emphasized the requirement for administrative authorities to pass "reasoned and speaking orders" when disposing of representations involving financial prejudice to retired employees.
Source reference: p. 4Reasoning
The Tribunal did not delve into the merits of the recovery but focused on the procedural requirement of addressing the applicant’s grievance.
Source reference: p. 3It noted that in similar matters (OA 553/2026, OA 872/2026, and OA 948/2026), the Tribunal had issued directions to consider pending representations.
Source reference: p. 3Since the respondent’s counsel fairly conceded that the representation could be considered in accordance with the law, the Tribunal determined that the interests of justice would be served by mandating a decision in light of the Lakshmi Chand precedent.
Source reference: p. 3-4The Tribunal underscored that the respondents must independently apply their mind and issue a formal communication to the applicant.
Source reference: p. 4Holding
The Tribunal disposed of the O.A. at the admission stage without expressing an opinion on the merits of the claim.
It directed the competent authority of the respondents to decide the applicant's pending representation dated 16.02.2026 by passing a reasoned and speaking order within four weeks of receiving the certified copy of the order.
Source reference: p. 4The decision must specifically consider the Tribunal's order in Lakshmi Chand v. DDA and be communicated to the applicant promptly.
Source reference: p. 4No costs were awarded.
Source reference: p. 4Original Court PDF
MADAN PALvsDELHI DEVELOPMENT AUTHORITY
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