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Judgment
When the matter was taken up for hearing on 23.01.2024, after hearing the both sides, an order was passed as follows:-
“....The applicant was compulsorily retired. His appeal was rejected by Annexure A1 order. Admittedly, at that time he was drawing a basic pay of Rs. 4600/- in the scale of pay of Rs. 4000-6000. The question that came up seems to be how the pension has to be reckoned pursuant to 7th CPC. The contention of the learned Counsel for the Applicant is that the pay as on 01.01.2016 has to be reckoned and 2/3rd of it to be calculated, which shall not be less than the minimum pension. However, by Annexure R3 OM implementing 7th CPC dated 12.05.2017, clause 11 exempted such a provision in the case of persons who had been compulsorily retired. Later, by Annexure R4 order dated 14.06.2022, the impact of Para 11 of R3 was recalled.
The short question that arises is the amount of pension which the applicant is entitled to receive. It seems from para 7 of the reply statement that, pension of the applicant was fixed at Rs. 9000/- per month with effect from 01.01.2016. It is reiterated in para 8 that the pension payable to the applicant is Rs. 9000/-. The learned Counsel for the applicant has placed before me a statement, based on which, the applicant, who is a compulsory retired person, is entitled for sum of Rs. 9566/- rounded-off to Rs. 9570/- as against Rs. 14315/- which a normally retired person would have received. The dispute now narrows down to the actual amount which applicant is entitled to; whether it is Rs. 9570/- as claimed by the applicant pursuant to his statement or Rs. 9000/-as claimed by the respondent Railways in their reply statement at paras 7 & 8. A copy of the statement was handed over by the learned Counsel for the applicant to the learned ACGSC. The learned ACGSC seeks time to get instructions on it....”
Thereafter a communication of the Sr.DFM/PGT, Palakkad dated 04.04.2024 was filed stating that the applicant is entitled for the refixed pension pursuant to 6th Pay Commission and thereafter on 7th Pay Commission at the rate of Rs. 3800/- plus DR w.e.f. 01.01.2006 & Rs. 9567/- plus DR w.e.f. 01.01.2016. Evidently Railway has fairly conceded that an error has occurred. Today another communication has been produced addressed to the State Bank of India, Vazhuthankadu, Trivandrum dated 07.05.2024 further revising the pension of applicant as Rs. 4920/-plus DR w.e.f. 01.01.2006 pursuant to the 6th Pay Commission and Rs. 9567/- plus DR w.e.f. 01.01.2016, pursuant to the 7th Pay Commission.
Having considered this and having noted that a mistake has genuinely crept in, I feel that the entitlement of the applicant to higher pension is liable to be declared. There is nothing to establish that the mistake occurred due to any laches or default of any Person. However since there is delay in payment, applicant will be entitled to interest at the rate of 9% on differential amount from each due date, when the amount at the revised rate become due, till the entire amount so due is paid to him. To fix the date when the amount becomes due, some breathing time is liable to be granted after the communication dated 05.07.2022 produced as Annexure R4. I am inclined to grant a further period of three months from the date mentioned in Annexure R4. Accordingly, the applicant will be entitled for the amount mentioned in communication dated 07.05.2024 of the Sr.DFM/PGT, Palakkad addressed to the Manager, State Bank of India, Vazhuthankadu, Trivandrum at the rate of 9% interest calculated on the differential amount that has become amount from 05.10.2022 on the respective dates of entitlement till recovery. Accordingly, the O.A stands allowed directing the respondents to pass fresh orders in terms of the communication dated 07.05.2024, including issuance of revised PPO, if required, within three months from the date of receipt of this order.
Accordingly, the O.A is allowed to the above extent. No costs.
List of Annexures in O.A No. 163/2021
Annexure A1- A true copy of the Order bearing No. J/T.MISC/2004/ SGE/AP/5 dated 03.02.2006 issued by the Additional Divisional Railway Manager, Southern Railway, Palghat Division.
Annexure A2- A true copy of the Railway order bearing No. RBE No. 105/2008 dated 08.09.2008.
Annexure A3- A true copy of order Department of Pen. & P.W., Resolution No. 38/37/2016-P&PW (A) dated 04.08.2016.
Annexure A4- A true copy of the orders O.M No.38/37/2016-P&PW(A)(ii) dated 04.08.2016 issued by the Department of Pension and Pensioners' Welfare.
Annexure A5- A true copy of the representation dated 29.09.2019 addressed to the 2nd and 3rd respondents herein, praying inter alia for revision of pension.
Annexure A6- A true copy of an Railway Board Order bearing RBE No. 11/2013 dated 11.02.2013.
Annexure A7- A true copy of the judgment of the Hon'ble High Court of Kerala in OP(CAT) No. 2/2016 dated 07.01.2016.
Annexure R1- True copy of the letter No. P.500/PGT/Pen/0605221952 dated 20.05.2011.
Annexure R2- True copy of the Circular No. 11/2013 dated 11.02.2013.
Annexure R3- True copy of the RBE No. 49/2017 dated 22.05.2017
Annexure R4- True copy of the RBE No. 76/2022 dated 05.07.2022