IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 OP (CAT) NO. 90 OF 2019 AGAINST THE ORDER DATED 24.09.2018 IN OA NO.891 OF 2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS/RESPONDENTS IN O.A.: 1 THE DEPUTY DIRECTOR GENERAL, DOORDARSHAN KENDRA, THIRUVANANTHAPURAM -695043. 2 THE DIRECTOR GENERAL, DOORDARSHAN, DOORDARSHAN BHAVAN, COPERNICUS MARG, NEW DELHI- 110001. 3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI-110 001. 4 THE PAY AND ACCOUNTS OFFICER, DOORDARSHAN KENDRA, SWAMI SIVANNADA SALAI, CHENNAI-600 005. 5 THE DIRECTOR GENERAL, ALL INDIA RADIO, AKASHVANI BHAVAN, PARLIAMENT STREET, NEW DELHI-110001. BY ADVS SRI.P.VIJAYAKUMAR, SCGC SRI. K.S.PRENJITH KUMAR, CGC RESPONDENT/APPLICANT IN O.A.: G. APPUKUTTAN PILLAI, STENOGRAPHER GRADE I, (RETIRED) DOORDARSHAN KENDRA, THIRUVANANTHAPURAM -965043 RESIDING AT ERA 6, ERAPPUKUZHI, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695043. BY ADV S.VISHNU THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CAT)No.90/2019 2 JUDGMENT A.MUHAMED MUSTAQUE, J. This original petition has been filed by the Union Government and its officials challenging Ext.P3 order of the Central Administrative Tribunal, Ernakulam Bench in a proceedings initiated against the respondent. 2. The respondent retired from service as Stenographer Grade-I. He challenged re-fixation of pay and recovery effected him after his retirement. By Ext.P3 impugned order, respondent's salary has been revised from 1976 onwards. The Tribunal dealt with the matter in para 10 of the impugned order, which reads thus: “10. The applicant is aggrieved by the recovery from DCRG and commuted value of pension effected through Annexure A2 order which, for all practical purposes, is Pension Payment Order. This order also undertakes to revise his salary from the year 1976 onwards, as is O.P.(CAT)No.90/2019 3 detailed therein. The reason adduced is that the two advance increments granted to the applicant at the early stage of his career had already been merged in the subsequent revision of his salary and further calculation of the same amounts to uncalled for duplication. Whatever be the reason, for an employee to be told after his retirement that the authorities have decided to re-fix his salary from a stage 39 years ago, amounts to a bolt from the blue. That this has been done without any notice to the applicant makes the move doubly hurtful. An employee who had spent nearly 4 decades in the service of the respondents, to be told that his DCRG has been reduced to nearly one third of the amount that had been estimated for him by none other than the Head of Office as per Annexure Al is indeed a shock which few employees would be able to bear. As pointed out, recovery from an employee who retired is expressly barred by the decision in Rafiq Masih case and this squarely applies to this particular case as well. The subsequent case of Jagdev Singh did indeed permit recovery from all categories but only if the concerned employee had submitted an undertaking allowing such recovery. In the instant case, there has been no such undertaking sought or given.” 3. Having noted the reasoning as above, we may not be justified in invoking the power under Article 227 of the Constitution of India. There is no reason for us in interfering with the impugned order. However, we make it clear that we O.P.(CAT)No.90/2019 4 have not interfered with re-fixation of pay. Accordingly, the original petition stands dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- M.A.ABDUL HAKHIM JUDGE shg/- O.P.(CAT)No.90/2019 5 APPENDIX OF OP (CAT) 90/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF OA.891/2017 FILED BY THE RESPONDENT DATED 27.6.2016 ANNEXURE A1 TRUE COPY OF THE PENSION PAPERS NO.27(2) (5) 2015- A1/DKT/127 DATED 8.6.2015 OF THE APPLICANT SUBMITTED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT. ANNEXURE A2 TRUE COPY OF THE PER ORDER NO.1(5)2015- A1/DKT DATED 3.12.2015 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 6.2.2016 SUBMITTED BY THE APPLICANT TO THE 5TH RESPONDENT. ANNEXURE A4 TRUE COPY OF THE ORDER DATED 16.3.2017 IN OA NO.180/00667/2014 OF THIS HON'BLE TRIBUNAL. ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 22.9.2017 TO THE 5TH RESPONDENT. ANNEXURE A6 TRUE COPY OF ORDER NO.1(5)/2011-A1/DKT DATED 13.12.2012 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A7 TRUE COPY OF THE O.M.NO.18/44/88- ESTT(PAY) 1 DATED 7.12.2009 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, NEW DELHI. ANNEXURE A8 TRUE COPY OF THE ORDER NO.CSEZ/10(2) 2011-ESTT.743 DATED 28.7.2011 ISSUED BY THE ADDL. DIRECTOR GENERAL (E) (SZJ, CHENNAI). ANNEXURE A9 TRUE COPY OF ORDER NO.NSD -21[STENO] ADV.INC./2010 DATED 18.8.2011 ISSUED BY THE NEWS SERVICES DIVISION, AIR, NEW DELHI. ANNEXURE A10 TRUE COPY OF ORDER NO.10(2)2011-S DATED 19.7.2011 ISSUED BY THE ADMINISTRATIVE OFFICER, AIR, THIRUVANANTHAPURAM ANNEXURE A11 TRUE COPY OF LETTER NO.2/12/2011/S-VI/411 DATED 23.7.2013 ISSUED BY THE DY.DIRECTOR ADMN, AIR. ANNEXURE A12 TRUE COPY OF COMMUNICATION NO.2/12/2011/S-VI/110 DATED 26.3.2014 ISSUED BY THE 5TH RESPONDENT. ANNEXURE A13 TRUE COPY OF COMMUNICATION NO.F.NO.2/12/2011 SVI/195 DATED 28.5.14 ISSUED BY THE DG, AIR ANNEXURE A14 TRUE COPY OF O.M.F.NO.18/03/2015 - ESTT(PAY-I) DATED 2.3.2016 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, NEW DELHI EXHIBIT P2 TRUE COPY OF THE REPLY AFFIDAVIT DATED 14.10.2016 ANNEXURE R1 TRUE COPY OF RELEVANT PAGE OF FR[FR]-27-PAGE 140 TO 145] ANNEXURE R2 TRUE COPIES OF THE INTERIM ORDER DATED 15-02-2018 OF O.P.(CAT)No.90/2019 6 THE HON'BLE HIGH COURT IN O.P(CAT) NO.307 OF 2017 ANNEXURE R3 TRUE COPIES OF THE INTERIM ORDER DA TED 15-02-2018 OF THE HON'BLE HIGH COURT IN O.P.(CAT) NO.314 0F 2017 ANNEXURE R4 TRUE COPY OF THE MACP CLARIFICATIONS BY THE DOP&T IN FAQ (SL.NO:27) (III) & (IV) ANNEXURE R5 TRUE COPY OF THE DG: AIR CIRCULAR NO: F.NO.2/12/2011 S.VI/680 DATED05.09.2012 ANNEXURE R6 TRUE COPY OF THE LETTER NO.PAO/DDK/CHN/PEN72013-14 DATED 05-12-2013. ANNEXURE R7 TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT IN OA NO. 667/2014. ANNEXURE R8 TRUE COPY OF THE COMMUNICATION DATED 10-06-2013. ANNEXURE R9 TRUE COPY OF HON'BLE SUPREME COURT JUDGMENT DATED 29- 07-16 IN CIVIL APPEAL NO.3510 OF 2006. ANNEXURE R10 TRUE COPY OF HON'BLE CAT BANGALORE BENCH ORDER DATED 16-06-2017 IN OA NO.813/2016 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 24.9.2018 IN O.A.891/2017 IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P4 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO.74/2018 IN O.A.891/2017 DATED NIL EXHIBIT P5 TRUE COPY OF THE REJOINDER IN O.A.891/2017 DATED 3.6.2018 ANNEXURE A15 TRUE COPY OF THE COMMUNICATION NO.19/3/2016-SII/920 DATED 14.7.17 ISSUED BY THE DIRECTORATE GENERAL, DOORDARSHAN, NEW DELHI. ANNEXURE A16 TRUE COPY OF THE COMMUNICATION NO.F.NO.A- 56013/35/2017-BAP DATED 8.9.17 ISSUED BY THE MINISTRY OF INFORMATION AND BROADCASTING, NEW DELHI