B.K. Shrivastava, Member (J)
1. This OA has been fled for the following relief(s):-
“(i) Quash the para no.3 and 4 only of the impugned order dated 23.03.2019 passed by respondent No.2 (Annexure A-1) to this O.A. in compilation No.I.
(ii) Direct the respondents to refund the recovered amount Rs.2850/-, 482/-, 667/- and 10,113/- to the applicant along with 18% interest per annum.
(iii) Grant such other relief as the applicant might be found entitled to, in the facts and circumstances of the case.
(iv) Allow the original application with cost of the proceeding in favour of the applicant from the respondents.”
2. It is mentioned in the order dated 17.03.2023 that in the relief column the applicant mentioned Para- 3 and 4 which is at Page-19 but at the time of argument it is found that the aforesaid reference is related to Para-05 (3) and (4). Therefore, the matter may be considered accordingly. It is frankly admitted by the applicant's counsel at the time of the fnal argument on 17.03.2023 that the entire amount has been paid but the interest of 18% has not been paid therefore, he press this OA only for the purpose of interest. It is submitted by the applicant's counsel that the department withheld his payment without any sufcient reason. Therefore, the applicant is entitled to get the interest.
3. On the other side, the respondents’ counsel submitted that the payment has been made and according to the audit objection, the recovery was made from the applicant. The details are also mentioned in the counter afdavit of the respondents. The applicant himself was responsible for the aforesaid recovery or the payment which was due. Therefore, the applicant cannot seek interest upon his own fault.
4. It appears from the records that previously the applicant fled an OA No.43/2019 which was decided by the Single Bench of this Tribunal on 18.01.2019. In the aforesaid order in Para-4 the direction was given to respondent No.2/Competent Authority to decide the representation of the applicant dated 26.12.2013 by passing a reasoned and speaking order within a period of two months. In compliance with the aforesaid order, the respondent authority consider the entire matter and passed the impugned order. The respondent decided the aforesaid representation on 23.03.2019 by a detailed order which is Annexure A-1 at Page-17 of the OA.
5. It is true that if any payment is withheld without any fault of the employee then the department is liable to pay the interest but if it is found that the employee was also on fault and the department is not responsible for delayed payment or the recovery then the interest should not be awarded. In light of the aforesaid situation, the matter may be examined.
6. The direction in the previous OA No. 43/2019 was given for deciding the representation dated 26.12.2013. In the aforesaid representation, the applicant raised the following demand:-
“(1) (a)My services w.e.f. 16.07.1997 to 03.08.1997 may please be verifed and remunerations be paid accordingly align with a rational compensation.
(b) Rs.687/- forfeited by JNV, Bulandshahar in July, 1997 may please be paid to me along with the interest permitted in e.p.f. At least.
(c) Salaries for 26.12.2011 to 13.01.2012 (winter break) may please be released as per the leave rules.
(d) Casual leaves may please be granted for 8th, 9th & 11th of Feb, 2013 and salaries be released accordingly.
(e) My application for changing home town from Auraiya to Varanasi (application in the personal fle) may please be considered and disposed as per the provisions.
(f) Salaries pending in JNV, Pithoragarh w.e.f. 01.06.2013 to 10.09.2013 may please be released.
(2)(a) Under recoveries of Rs.3332/- made may please be quashed and remitted accordingly.
(b) Recoveries mentioned in this clause may please be remitted establishing 5th CPC recommendations accepted by the Govt.
(3)(a) Kindly quash the illegal penalty and restore my salaries and release the curtailing along with the penal interest.
(b) Kindly provide both the senior scale (1st due in July 2002 and 2nd due in July, 2010) when legitimately due along with the arrears with at least interest permitted to e.p.f.”
7. The respondents considered the aforesaid matter and decided as under:-
“ (1)(a) Verify the services of said Sh. Malay Pathak, PET for the period w.e.f. 16.07.1997 to 03.08.1997 from the service records and salary may be released as per rules.
(b) Salary for the period from 26.12.2011 to 13.01.2012 (winter break) may be released after sanctioning of leave as per rules and after regularization of leave period. The leave application may be obtained from the applicant.
(c) Casual leave should be granted to said Sh. Malay Pathak, PET on 08.02.2013, 09.02.2013 and 11.02.2013 after obtaining leave application from him and release the salary for this period as per rules.
(d) The application of Sh. Malay Pathak, PET for changing home town from Auraiya to Varanasi may be sent to NVS Regional Ofce Lucknow immediately with supporting documents for further consideration.
(e) The detailed proposal for senior scale of said Sh. Malay Pathak, PET (M) should be submitted to Regional Ofce, Lucknow along with supporting documents immediately.
(2) The Principal, JNV, Pithoragarh is directed to check and verify the facts from the service records and regularize the period from 01.06.2013 to 10.09.2013 after obtaining leave application from Sh. Malay Pathak, PET and after sanctioning leave as per rulers.
(3) The recovery of Rs.3332/- was made in compliance to audit observation, hence, the undersigned does not interfere in this matter.
(4) The recover of Rs.687/- was made by JNV, Bulandshahar in compliance to audit observation, hence, the undersigned does not interfere in this matter. ”
8. The respondent explains the entire position in their counter afdavit. Some paras of the counter afdavit are relevant. In para-3 (C) to (I) the respondents explain the entire position of the case. It will be useful to refer to the aforesaid para as it is.
“C. That, the applicant Shri Malaya Pathak was appointed as Physical Education Teacher (Male) (P.E.T.) in Jawahar Navodaya Vidyalaya Samiti Tehri Garhwal on 04.07.1990 and he worked since 04.07.1990 to 25.05.1995. During the service period of the applicant in the Vidyalaya the recover of Rs.2850/- (HRA 8/90 to 6/93 - 1750/- and 7/93 to 5/93 Rs.1100) and Irregular Payment of LTC dated 14.12.1992 Rs.482/- raised by NVS, Regional Ofce, Lucknow during the audit.
D. That, thereafter, the applicant joined the JNV Bulandshahar on 17.07.1995 and worked since 17.07.1995 to 05.07.1997 and relieved to JNV Meerut on Administrative Ground on 05.07.1997, but the applicant did not join in JNV Meerut and on the request of the applicant his transfer order was changed from JNV Meerut to JNV Mirzapur and he has joined JNV Mirzapur on 04.08.1997.
E. That, it is relevant to mention here that during the period of relieving from JNV, Bulandshahar from 16.07.1997 and joining JNV Mirzapur to 03.08.1997, no salary was released from the concerned JNVs in the favour of the applicant. It is also relevant to mention here that during the stay of the applicant in JNV Bulandshahar the recovery of Rs.687/-raised by the NVS RO, Lucknow for (Leave Travel Concession (LTC) during the audit of JNV.
F. That, the applicant has worked in JNV, Mirzapur since 04.08.1997 to 11.09.2007 and relieved on Administraive Ground to JNV Pithoragarh on 11.09.2007. During the stay of the applicant in JNV Mirzapur the recovery of stepping pay incrementfor Rs.4788/- and 5325/- total 10113/-raised by NVS, Regional Ofce, Lucknow during the audit of JNV, Mirzapur.
G. That, although the applicant relieved on 11.09.2007 to JNV Pithoragarh but he joined on 04.04.2009 and he has worked in JNV Pithoragrah since 04.04.2009 to 14.01.2013.
H. That, the applicant gets Extra Ordinary Leave (EOL) dated 31.10.2011 to 25.12.2011 and joined on 14.01.2012 and therefore the salary from 26.12.2011 to 13.01.2012 (winter break) was not released in the favour of the applicant.
I. That, the applicant was relieved from JNV Pithoragarh on 14.01.2013 to JMV Mainpuri on Administrative Ground and he has joined JNV Mainpur on 23.01.2013 and worked to till date. The salary from 08.02.2013, 09.02.2013 and 11.02.2013 was not paid because no application for any kind of leave was submitted by the applicant.”
9. Therefore, it appears that applicant himself not fled any application, when he fled the application for leave thereafter his leave was sanctioned and the payment was released. Some recoveries are in compliance with the audit objection. The audit objections are also mentioned. Therefore, it cannot be said that the department was responsible for the delayed payment or for the recovery of the payment. If the audit raised any objection then the department was bound to remove the aforesaid objection and recovered the amount from the applicant. If the applicant satisfed the department, then the aforesaid payment may be refunded. In the aforesaid situation, it cannot be said that the department is responsible for the wrong deduction. The applicant himself is liable for the same.
10. It is also appeared that the Rs.482/- was related to the non-submission of the ticket in the LTC Bill which was claimed for Hometown LTC. The step-up was also granted without the approval of the higher authority, therefore audit rightly objected. Some correction was made and thereafter, the payment has been released. Therefore, in view of this court, in this case, the department is not responsible for payment of interest upon the amount which has been paid or refunded to the applicant. Therefore, looking to the aforesaid situation, the OA is dismissed.
