It was ordered by Hon'ble CAT Jabalpur bench in OA no 694/2013 filed by Sri K. L. Phoolmali, Rtd Deputy Post Master, Khandwa Head Office that no recovery of excess payment can be made from retired employees or employee who are due to retire within one year of the order of recovery.
Copy of the CAT order is reprodoced below :
Hon’ble CAT Jodhpur in its judgment dated 22.05.2012 in OA No. 382/2011, 353/2011 and
354/2011 has held that whenever an official
appears in LDCE and gets selected to the post, then it starts new innings for
him and for the purpose of counting his stagnation, if any, from the date of
joining of the new post alone would be relevant and his previous career
advancement cannot be called as promotion within the definition of the word
“promotion” for consideration of his eligibility under MACP scheme.
Department of Posts has now filed appeal petition before the Hon’ble High court of Jodhpur against the orders of Hon’ble CAT Jodhpur.
The hon'ble CAT Bench Chennai, in its judgment dated 22.06.2012 in OA no 72/2012 filed by Smt R.Kamakshi, OA O/O SSPOs Chennai city Central Dn against the orders of the administration refusing her declination to AAO promotion, has ordered that when the employee is not interested in promotion, the appointing authority shall not compel the employee to accept the promotion and proceed to join the place of posting.The CAT also observed that the said compulsion is violation of fundamental right of the employee.
Click here to view the said CAT Chennai order in original.
