CAT Jaipur Bench Stays Recovery from Retiring Railway Teacher

CAT Jaipur Bench Stays Recovery from Retiring Railway Teacher

The Central Administrative Tribunal (CAT), Jaipur Bench, has granted relief to a retiring Trained Graduate Teacher (TGT) of North Western Railway Senior Secondary School, Bandikui, Rajasthan, by staying the recovery proceedings initiated against him. The applicant, due to superannuate on 31.12.2025, challenged the arbitrary retrospective reduction of his pay and the proposed recovery at the final stage of service.

The employee’s pay had been correctly fixed at Rs. 81,200/- after grant of Grade Pay Rs. 4,800/-, resulting in a present basic pay of Rs. 99,800/-, and remained undisputed for over five years. No allegations of fraud, misrepresentation, or misconduct were made against him during this period.

Suddenly, the respondents reduced the pay retrospectively, lowering it to Rs. 96,900/- without issuing any show cause notice, supplying calculation sheets, or providing an opportunity of hearing, clearly violating principles of natural justice. The employee filed a representation relying on the Supreme Court judgment in State of Punjab v. Rafiq Masih (2015), which protects retiring employees from retrospective recovery after long delays.

The CAT Jaipur Bench, observing settled service law, granted interim protection by staying the recovery, safeguarding the applicant’s pensionary benefits and financial security.

Advocate Sharvan Singh Tanwar appeared for the petitioner and strongly argued that the action was illegal, arbitrary, and contrary to binding Supreme Court precedents.

This landmark order reinforces that administrative errors cannot be imposed on innocent employees, particularly at the verge of retirement, and emphasizes the need for fairness, transparency, and adherence to natural justice in service matters. 

Read Order