THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19736 of 2009 ORDER: (per VVA, J) In this writ petition, the railways are only aggrieved by the second relief granted by the Central Administrative Tribunal (for short ‘the Tribunal’), namely, refund of Rs.10,436/- recovered as overpayment of salary from the gratuity amount payable to the deceased employee. Though the main O.A. was filed by the widow of the deceased employee seeking that her case should be considered for compassionate appointment, a further prayer to arrange refund of Rs.10,486/- on the ground that it was recovered from the gratuity as overpayment of salary, was also sought for. While the Tribunal negatived the first relief upholding the rejection of the case of the applicant for appointment on compassionate ground, allowed her claim to the extent of further relief regarding refund. The Tribunal found that the petitioners herein are not able to prove that there was any overpayment of salary due to misrepresentation by the deceased employee. Consequently, the Tribunal held that recovery of the said amount of Rs.10,436/- from the gratuity payable to the deceased employee, is unjustified and consequently, directed refund. It also directed that the said amount should be refunded within one month after the receipt of a copy of that order. Learned counsel for the petitioners has questioned the said order of the Tribunal on the ground that the direction as to refund is not justified as per rules. However, there is no material placed by the petitioners to show that the finding of the Tribunal as recorded in paragraph 11 of the order impugned is for any reason unjustified. As per the finding of the Tribunal, the deceased employee has not made any misrepresentation and not secured any overpayment of salary. In view of that, recovery of the said amount from the gratuity payable to the deceased employee is unjustified. We do not find any error to interfere with the impugned order under our certiorari jurisdiction. The writ petition is accordingly, dismissed. There shall be no order as to costs. __________________ V.ESWARAIAH, J 16th SEPTEMBER, 2009. ___________________________ VILAS V.AFZULPURKAR, J kvni