Regarding declaration filed by railway administration in CAT

my wife is a railway employee. She was not given certain pay hikes due to her in CAP. After failed representations she filed a case before CAT Chennai in 2009.During pendancy of the case in 2010 the hike was given to her and the Divisional Personnel Officer filed a declaration in the CAT that they have granted the hike due to my wife and hence the case was closed by the CAT. Subsequently after a few months a notice was given by the Admn to my wife as to why that hike can't be withdrawn. A reply was given citing the CAT case and the declaration given by the DPO to the CAT immediately. No further communication from the Admn. and the hike was continued for all these 8 years. My wife is to retire this month and pension papers submitted the accounts dept is raising queries regarding that hike. Now that 8 years have elapsed and declaration given in CAT by the administration and no action taken after that can they raise this issue now and delay the processing of pension and settlement.

Answers (1)

62 votes

What is the post held by your wife. If it is a Group C or Group D post the amount already paid 5 years back even if it was paid erroneously due to the mistake of the administration, even in that case no recovery could be made from your wife for the payments already received by her. If any orders of recovery is passed immediately it could be stayed by the Hon'ble Tribunal and also a direction petition can also be filed for the finalization of the retirement benefits

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