UNION OF INDIA & ORS. vs PAWAN KUMAR JAIN (EX -CGS)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22.12.2025 Pronounced on: 16.01.2026 + W.P.(C) 19448/2025 & CM APPL. 81118/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr.Piyush Gupta, CGSC. Versus PAWAN KUMAR JAIN (EX-CGS) .....Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The present petition has been filed by the petitioner, challenging the Order dated 16.07.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No. 2039/2020, titled as Pawan Kumar Jain v. Union of India & Ors., filed by the respondent herein, whereby the learned Tribunal has partly allowed the said O.A., with the following directions: “8. In view of the same, we disposed of the present matter by partly allowing the O.A. to the extent that we direct the respondents that a refixation order of the pay and pension of the applicant be passed, taking into account that the amount to be recovered is for the Signature Not Verified Signed By:RENUKA W.P.(C) 19448/2025 Page 1 of 9 NEGI Signing Date:16.01.2026 20:02:09 withholding of increments for three years from19.08.1998 to be confined to the date of his promotion on 01.03.2002. Subject to the said adjustment, the refund of the balance amount is to be made to the applicant out of the amount already recovered from the applicant, i.e. Rs. 8,11,083/-. Since the respondents are at fault, the appropriate orders for the restoration of pay are accordingly to be issued and the pay of the applicant is restored to the basic pay of Rs. 64,100/. The said exercise shall be completed by the respondents within a period of three months from the date of receipt of a certified copy of this order. The O