ASHA RAM NEHRA vs COMMISSIONER OF POLICE AND ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.02.2025. + W.P.(C) 3903/2019 ASHA RAM NEHRA .....Petitioner Through: Mr. Samarth Luthra, Adv. versus COMMISSIONER OF POLICE AND ANR. .....Respondent Through: Mr. Amit Tiwari, CGSC with Mr. Farmaan Ali, Ms. Ahushi Srivastava and Ms. Asi Jagbir, Advs. with ASI Jaybir Singh. CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE MANOJ JAIN REKHA PALLI, J (ORAL) 1. The present writ petition under Article 226 and 227 of the Constitution of India seeks to assail the order dated 14.09.2018 passed by the learned Central Administrative Tribunal (hereinafter referred to as ‘the Tribunal’), Principal Bench, New Delhi in Original Application (O.A.) No. 1134/2018. Vide the impugned order, the learned Tribunal has rejected the O.A. filed by the petitioner, wherein he had sought quashing of order dated 17.11.2017 passed by the respondents reducing his pay with effect from (w.e.f.) 05.12.1988 and, consequently directing recoveries to be made from Signature Not Verified Digitally Signed By:GARIMA MADAN W.P.(C) 3903/2019 Page 1 of 8 Signing Date:20.02.2025 17:41:48 him on account of the purported over-payment made to him w.e.f. 05.12.1988. 2. The brief factual matrix as is necessary for the adjudication of the present petition may be noted at the outset. The petitioner who had initially joined the Border Security Force (BSF) as a Constable on 10.11.1978, joined the Delhi Police by way of deputation on 05.02.1986. He was, thereafter, on 05.12.1988, absorbed in the Delhi Police where he continued to serve till his superannuation on 31.01.2018. 3. It is the petitioner’s case that upon him being absorbed in the Delhi Police on 05.12.1988, his pay was as per his entitlement correctly fixed at Rs.960/- + Deputation Allowance