RECOVERY FROM PENSION-GRATUITY
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _____________
OA No.:_____ of ____
_____________________ Applicant
Versus
_____________________ Respondents
Application Under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
1. Particulars of the Applicant:
As given in the Memo of Parties.
2. Particulars of the Respondents:
As given in the Memo of Parties.
3. Impugned Order:
That the applicant is aggrieved by the impugned order dated ______ (Annexure A______) issued by the respondents whereby they are going to recover the amount of alleged wrong fixation of pay of the applicant from the gratuity and other pensionary dues of the applicant.
4. Jurisdiction
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
5. Limitation:
That the applicant further declares that the application is within the limitation.
6. Facts of the Case:
6.1 That the applicant submits ______
GROUNDS
6.2 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others:-
(a) That the impugned order issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the impugned action has been taken without affording the applicant an opportunity of being heard before having resort to such drastic step. Thus there has been total non-observation of principles of natural justice. It is further submitted that salary, pension, gratuity etc are the property of an individual under Article 300-A of the Constitution of India. The said Article provides that "No person shall be deprived of his property save by authority of law." Therefore, it was not only essential but also mandatory on the part of the respondent to have issued show cause notice to the applicant before having resort to their impugned action and hold a proper inquiry after affording an opportunity to the applicant. The Hon'ble Apex court in AIR 1994 SC 2480 Bhagwan Shukla vs. Union of India and others has held that :-
(c) We have heard learned counsel for the parties. That the petitioner's basic pay had been fixed since _____ at Rs. _____/- p.m. is not disputed. There is also no dispute that the basic pay of the appellant was reduced to Rs. _____/- p.m. from Rs. _____/- p.m. in ____ (year) retrospectively w.e.f. __________. The appellant has obviously been visited with civil consequences but he had been granted no opportunity to show cause against the reduction of his basic pay. He was not even put on notice before his pay was reduced by the department and the order came to be made behind his back without following any procedure known to law. There, has, thus, been a flagrant violation of the principles of natural justice and the appellant has been made to suffer huge financial loss without being heard. Fair play in action warrants that no such order which has the effect of an employee suffering civil consequences should be passed without putting the concerned to notice and giving him a hearing in the matter. Since, that was not done, the order (memorandum) dated _________, which was impugned before the Tribunal could not certainly be sustained and the Central Administrative Tribunal fell in error in dismissing the petition of the appellant. The order of the Tribunal deserves to be set aside. We, accordingly, accept this appeal and set aside the order of the Central Administrative Tribunal dated ________ as well as the order (memorandum) impugned before the Tribunal dated _________ reducing the basic pay of the appellant from Rs. ____/- to Rs. _____/- w.e.f. __________."
(d) That the similar observations have been made by the Hon'ble High Court of_______in case titled as Mahavir Singh v. UOI reported in 1997 (2) Sim LC 385 and the Hon'ble Apex Court has restrained the departments from effecting the recoveries in the cases reported in 1995 (2) SCT 421 titled as State of Orissa Vs Adwait Charan Mohanty, 1994 (2) SCC 521 titled as Shyam Babu v. UOI and 1995 Supp (1) SCC 18 titled as Sahib Ram Vs State of Haryana.
(e) That there was no mis-representation or fraud on the part of the applicant in getting the excess payment. It will not only be unfair but also unjust if what has been paid to the applicant is taken back from him at such a belated stage.
(f) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.
(g) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
7. Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order A-______ issued arbitrarily, malafide and illegally by the respondents;
(b) Direct the respondents ______ with arrears and interest thereon @___% p.a. from the date of amount falling due till the date of realisation with all the consequential benefits;
(c) Direct the respondents to produce all the relevant documents along with their reply for perusal by this Hon'ble Tribunal;
(d) Allow the cost of this OA;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
8. Interim Orders, If Prayed:
That it is most respectfully prayed that during the pendency of this OA, the operation of the impugned order dated ______, A-______ may kindly be stayed ______ and the respondents may kindly be restrained from making recovery from the applicant in the interest of justice.
9. Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
10. Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
11. Particulars of Court Fees:
Court fees worth Rs ____/- is attached herewith.
12. Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
_____ Through, Advocate
Verification:
I,_____, do hereby verify that the contents of paras 1 to 12 of above OA are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Verified here at (Name of Place) this _____.
Applicant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _____________
OA No.:_____ of ___
______________________ Applicant
Versus
______________________ Respondents
Affidavit in support of OA under Section 19 of the Administrative Tribunals Act 1985
I,_____, do hereby solemnly, affirm and declare as under:-
1. That the accompanying OA has been prepared under my instructions.
2. That the contents of paragraphs 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the _____.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ____________
OA No.:_____ of ____
___________________ Applicant
Versus
__________________ Respondents
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
A-5 |
|
|
|
10 |
A-6 |
|
|
|
11 |
A-7 |
|
|
|
12 |
A-8 |
|
|
|
13 |
|
Power of Attorney |
|
(Name of Place) Applicant
______ Through, Advocate
