CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD (TELANGANA)
NO. 5-10-193, 1ST FLOOR, HACA BHAVAN,HYDERABAD - 500004
Order Sheet
Item No: 4
M.A./136/2020
[ OTHER SUBJECT ]
Court No.: 1
No of Adjournment:
Dated: 27/02/2020

PALIKLA THRIMURTHY REDDY
Vs
M/O DEFENCE

FOR APPLICANTS(S) Advocate :
V.SANDHYA DEVI

FOR RESPONDENT(S) Advocate :
A.RAM MOHAN, ADDL.CGSC


DAILY ORDER

 

Heard both counsel.  

2..M.A. for joining of parties is allowed since the cause of action and the relief sought is one and the same, subject to the condition that applicants pay fee of Rs.50/- each.  Register the O.A. after the fee is paid.  

3.. Applicants are working in different positions like Carpenter, Electrician, etc who are granted dress allowance on annual basis in accordance with 7th Central Pay Commission (CPC) recommendations.  However, respondents issued impugned order dated 30.12.2019/02.01.2020 ordering recovery of dress allowance paid subsequent to implementation of 7th CPC.  Learned counsel for the applicants prays that recovery may be stayed till the O.A. is finalised.  

4..Sri Devender, learned proxy counsel appearing on behalf of Sri A.Ram Mohan Rao, learned counsel for respondents, informs that he will seek instruction from respondents.

5..However, as seen from the facts the amounts towards dress allowance were paid as per the orders of the Ministry of Defence.  Yet recovery is being effected against the provisions of law is the claim of the applicants.  Learned counsel for the applicants informs that Chandigarh Bench, Bangalore Bench and Hyderabad Bench of this Tribunal have stayed recovery in respect of similarly placed applicants therein vide orders dated  17.12.2019, 31.12.2019 and 28.01.2020 respectively.  Therefore, a case has been made out by applicants for granting interim relief.  Hence, recovery as ordered, vide impugned orders dated 30.12.2019/02.01.2020 is stayed as far as applicants are concerned, till the reply is filed in the O.A.

6..Four weeks time granted for filing reply statement.

7..Case be listed on 02.04.2020.

 

 







B V Sudhakar
Member (A)