Recovery of Excess Payments From Retired Class III Employees and Withdrawal of SRO 149 Pay Benefits Are Impermissible.

The applicant is the widow of Late Sh. Buti Singh, who served as an Assistant Line Man in the Jal Shakti (PHE) Department and passed away on June 26, 2022

The applicant approached the Tribunal seeking a direction to the respondents to fix pensionary and post-retirement benefits based on the last pay drawn by her deceased husband, specifically including the benefits of SRO 149 of 1973

The dispute centered on whether the deceased was entitled to the re-fixed pay scale under SRO 149 and whether the respondents could legally withhold or recover amounts related to these benefits during the settlement of retiral dues

1. Whether the applicant's deceased husband was entitled to the inclusion of SRO 149 benefits for the purpose of fixing pension and post-retirement dues

2. Whether the respondents could legally effect recoveries from a deceased Class-III employee’s terminal benefits or disturb settled pay scales

Provincial Power Employees Union of India & Ors. vs. State of J&K & Ors. (2017), which established that eligible matriculate employees holding ITI diplomas are entitled to SRO 149 benefits to ensure parity under Article 14 of the Constitution

State of Punjab v. Rafiq Masih (White Washer), which prohibits recovery of excess payments from Class-III employees or superannuated personnel

Doctrine of Estoppel, noting the State cannot take a contrary stand after extending such benefits to other departments

The Tribunal noted that the legal struggle regarding SRO 149 was already settled by the High Court, which held that depriving eligible employees of these higher pay scales was "arbitrary, irrational, and violative of Article 14"

The Tribunal linked the facts of the deceased husband's service (as an Assistant Line Man/Class-III) to the settled ratio that recovery from such employees is impermissible in law

It reasoned that since the benefit had been widely granted and upheld by Division Benches of the High Court, the respondents were legally bound to treat the applicant’s husband with parity

Consequently, any attempt to re-fix the pension by excluding SRO 149 benefits or effecting recoveries from the arrears was deemed unsustainable

The respondents were directed to forward the revised Last Pay Certificate (LPC) and relevant documents to the Accountant General for the final settlement of retiral benefits in terms of the High Court’s judgment within four weeks

No costs were awarded