ups_00743 — Applicant who had now retired cannot demand the inclusion of the years as Artist in his service for pensionary benefits and the excess payment made while in service cannot be deducted after retirement

Applicant who had now retired cannot demand the inclusion of the years as Artist in his service for pensionary benefits and the excess payment made while in service cannot be deducted after retirement — This chunk is about an original application (O.A.) numbered 180/00842 filed in 2015, pertaining to a retired employee named K.J. Baben who was employed as a Contract Artist in All India Radio in 1979... — Facts: Applicant who joined as Contract Artist in All India Radio on 1-3-1979 was later regularized as Production Assistant with effect from 1-1-1980. The post of Production Assistant and Transmission Executive was merged in the year 1984 under the revised designation as Transmission Executive in the scale of ₹ 425-700 and revised as per corresponding scale with effect from 1-1-1986 and 1-1-1996. By option, the Applicant stood absorbed in Prasar Bharati. Prasar Bharati adopted MACP Scheme from 1-9-2008. Applicant was promoted initially on ad hoc basis which later was regularized. His financial upgradation was given after 20 and 30 years as per rule. After superannuation of the Applicant on 30-11-2014 with difficulty, his pension and pensionary benefits were fixed with a recovery of ₹ 2,48,562 from pensionary benefits. Applicant made a representation in this regard relying on the case of State of Punjab and others v. Rafiq Masih [ AIR 2015 SC 696 ], wherein it is said that recovery of overpayment is barred from retired employees. This OA is filed for fixing the final settlement dues in terms of A-3 orders. Tribunal heard both sides. The issue raised in this OA are two-fold: Firstly, whether the contractual employment as Artist should be counted for grant of MACP or not℃ Secondly, whether the excess payment made to the Applicant by Respondents erroneously is liable to be recovered or not℃ MACP Scheme was introduced from 1-9-2008 by which an employee is entitled for three financial upgradations in his career on completion of 10, 20 and 30 years of regular service. Para. 9 of the MACP Scheme is reproduced. As per that MACP Scheme, regular service only is to be counted for the purpose of grant of financial upgradation. The request of the retired employee to count his service from 1980 when he was only an Artist is not tenable as the Applicant's service was regularized only with effect from 6-3-1982 by a subsequent order. Hence the Applicant is not entitled for financial upgradation with effect from 1-1-1980 as claimed by him. Applicant was inducted into service with effect from 6-3-1982 when his contractual service came to an end and regularized as Staff Artist as per the decision of Government whereby all contractual staff of AIR and Doordarshan were regularized.