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Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(a)This Hon'ble Tribunal may be pleased to call for the records leading to Annexure.A1 and set aside the same;
(b)This Hon'ble Tribunal may be pleased to declare that Annexure.A1 is highly illegal and arbitrary, as it infringe Annexure.A2 Office Memorandum issued by the Government of India, and the dictums laid down by the Honourable Supreme Court of India;
(c)Issue any other order or direction and grant such other relief as this Hon'ble Tribunal may find deem fit and proper in the circumstance of this case.
(d)Award costs of this original application.
The brief facts of the case are as follows:
The applicant is a family pensioner. He received Annexure.A1 Letter issued by the 4th respondent regarding recovery of the amount which is said to be disbursed to the applicant as excess payment. The Government of India issued Annexure.A2 office memorandum by virtue of the decision rendered by the Hon'ble Supreme Court of India in State of Punjab and others etc. V. Rafiq Masih (White Washer) etc. The present recovery is said to be against the conditions viz., (i),(ii) and (iii), contained in Annexure.A2 Office Memorandum. Hence, the applicant has approached this Tribunal praying for the above reliefs.
When the matter came up for consideration, it appears that no order deducting the pension is issued by the official respondents in this case. Only the State Bank of India has issued notice stating that they are going to reduce the pension and other allowances and no proper order has been passed by the official respondents.
Adv.Mr.P.G. Jayan, ACGSC takes notice on behalf of the respondent nos. 1 to 3 and submits that the respondents have no objection in disposing of the representation.
In view of the above submission, the applicant is directed to give a fresh representation stating the details of the matter and relying on the decision of the Hon'ble Supreme Court in Rafiq Masih's Case to the competent authority and the competent authority is directed to consider the representation of the applicant on the basis of relevant rules and regulations and pass a speaking order within a period of six months from the date of receipt of a copy of such representation. Till that time, respondent nos. 4 and 5 shall not recover any amount from the pension of the applicant. Annexure A1 recovery intimation will stand stayed till the representation is disposed of.
The Original Application is disposed of admission stage itself. No costs.
List of Annexures
Annexure A1- Photostat copy of the Letter sent by the 4th respondent to the applicant by No. CPPC/TVM/ dated 14.07.2021.
Annexure A2- Photostat copy of the Office Memorandum dated 02.03.2016 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training. ...