1. Union of India, through Secretary, Department of Health Research, Ministry of Health & Family Welfare, V. Ramalingaswami Bhawan, Ansari Nagar, New Delhi 100 029. 2. The Director General, Indian Council of Medical Research, V. Ramalingaswami Bhavan, Ansari Nagar, New Delhi 110 029. 3. The DirectorinCharge, National Institute of Occupational Health, Meghani Nagar, Allahabad 380 016. .. Respondents. ( By Advocate Shri A.V. Shinde & Shri B.D. Pandit ). Order reserved on : 23.09.2024 Order pronounced on : 02.01.2025 2 OA.2164/2017 ORDER Per: Shri Krishna, Member (A) The applicant is aggrieved by incorrect fixation of his pay and recovery of Rs.2,21,000/ vide impugned O.M. Dated 13.07.2016 (AnnexA1 of the OA) has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs: "(i) quash and set aside letter No.P11(17)A/12 Pers. Dated 09.10.2015 & 05.07.2016 issued by respondent no.2 (Annx.A2 & A1) and the Office Memo No.P/6/38/1516/4654 dated 05.11.2015 issued by respondent no.3 (Annx.A3) regarding withdrawal of pay protection and pay fixation granted to the applicant under FR 22(1)(a)(i) and in the same order direct the respondent no.2 and 3 to restore the fixation of the pay done vide ICMR letter No.P11(17)A/12 Pers. dated 24/09/2013 (Annx.A6) as admissible under FR 22 (1)(a)(i) with effect from 24/09/2012 and pay arrears with 12% penal interest and thereby direct the respondent no.2 and 3 to refund the pay and allowances recovered from the applicant amounting Rs.2,24,533/ (Two Lakhs twnety four thousand five hundred and thirty three only) with 12% penal interest. (ii) Direct the respondents to issue revised Last Pay Certificate (LPC) of applicant to the present employer (NEERI). (iii) Award cost of litigation; and/or pass such other or further orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case as well as in the interest of justice." 3 OA.2164/2017 2. Brief facts as stated by the applicant are that while working as Assistant Chemist in the Central Ground Water Board, Central Region, Nagpur under the Ministry of Water Resources, Government of India, he got selected to the post of ScientistC at National Institute of Occupational Health (NIOH), under the Indian Council of Medical Research (ICMR), Department of Health Research, Ministry of Health and Family Welfare, Government of India. He joined the said post on 24.09.2012, after technical resignation from his erstwhile employer i.e. Central Ground Water Board, Nagpur. The proposal for pay fixation as per FR 22 (1)(a)(i) was sent to ICMR by NIOH on 06.05.2013. 2.1 The respondents vide order dated 07.10.2013 fixed the pay of the applicant as per FR 22 (1)(a)(i) as 22,090+6600 in Pay Band3 in the pay scale of Rs.1560039100+6600 as Grade Pay as per ICMR letter dated 24.09.2013. Thereafter, the respondents issued an OM dated 05.11.2015 stating that FR 22(1)(a)(i) is not applicable to the applicant and asked to refix the pay on the basis of audit observation which was approved by ICMR. The applicant made representation dated 12/11/2015 to ICMR which was forwarded by NIOH followed by reminder dated 18.03.2016 to expedite the matter. The applicant submitted a grievance letter to ICMR Grievance Committee through NIOH, 4 OA.2164/2017 Ahmedabad on 25.05.2016. Thereafter, he submitted his technical resignation on 01.07.2016 to the respondents on his appointment to the post of Senior Scientist, in Nationa