Topic
CAT Mumbai set aside ₹2,14,168 recovery from a Group C railway employee, holding excess pay cannot be recovered without notice and a hearing (Rafiq Masih, Thomas Daniel). It ordered the railway to restore basic pay to ₹87,700 and repay the amount with interest.
CAT Cuttack rules that recovery of excess pay from Group-C employees-even due to departmental error-is impermissible under Jogeswar Sahoo v. Dist. Judge, as it violates principles of natural justice and Articles 14 & 16 of the Constitution. The ruling protects low-ranking employees from arbitrary deductions without prior notice or opportunity to be heard.
CAT Allahabad rules that recovery of excess MACP benefits from a Group C employee without establishing fraud, issuing a show-cause notice, or providing a hearing violates natural justice. The tribunal relies on the Supreme Court’s Rafiq Masih precedent, reinforcing that overpayments cannot be reclaimed mechanically, safeguarding retired employees from arbitrary financial setbacks.
Tripura High Court rules that the 2011 amendment to Rule 15 of the Tripura Government Vehicles Drivers Service Rules, 1979, elevates driver posts to Group-C status, entitling employees to the corresponding pay scale for three years preceding the writ filing. The judgment overrides conflicting administrative orders, reinforcing statutory compliance over executive discretion in pay scale classification.