Recovery of excess payments is impermissible, but authorities may re-fix pay and pension by excluding wrongly granted benefits.

The applicant, Schdev Singh, a 61-year-old retired employee, filed an application under Section 19 of the Administrative Tribunals Act, 1985, seeking a Mandamus to compel respondents to fix and release his pension

The applicant claimed entitlement to higher/skilled grade benefits pursuant to SRO 193 of 2018 and sought the release of withheld gratuity, GP Fund, and other retiral benefits with interest

He contended that the respondents’ failure to fix his pension and the subsequent withholding of retiral benefits was arbitrary, illegal, and violated the principles of natural justice

1. Whether the respondents are permitted to recover excess payments already made to the employee or withhold retiral benefits based on pay-fixation controversies related to SRO 59

2. Whether the applicant is entitled to a re-fixation of pension and the release of consequential benefits in accordance with established judicial precedents

The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985

legal principle established by the Hon’ble High Court of Jammu Kashmir in UT of JK Ors. v. Maqbool Sheikh Ors. (WP(C) No. 936/2025), which held that while the State is at liberty to re-fix pay or pension by excluding wrongly granted benefits, the recovery of excess amounts already paid to employees is impermissible and any such recovered amounts must be refunded

The matter also involved the interpretation of SRO 193 of 2018 and SRO 59

The Tribunal noted that the controversy surrounding SRO 59 is no longer res integra, as the High Court of Jammu Kashmir has conclusively settled the matter in the Maqbool Sheikh judgment

The Tribunal analyzed the High Court's mandate, which creates a distinction between prospective re-fixation and retrospective recovery: the former is permitted to correct administrative errors, while the latter is prohibited to protect the employee from undue hardship

By applying this precedent to the applicant’s facts, the Tribunal found that the respondents are obligated to process the applicant’s pension and retiral benefits by re-fixing the pay where necessary, but without effecting recoveries for past excess payments

The respondents were ordered to forward the applicant’s complete service record and a revised Last Pay Certificate (LPC) to the Accountant General for re-fixation of pay/pension and the release of consequential retiral benefits

This exercise must be completed within four weeks from the receipt of the order

No costs were awarded