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Judgment
The applicant is a retired Refrigeration Mechanic from the Military Engineer Services. He started service on 17.5.1972 and retired from service on 31.5.2010, after putting in more than 38 years service. The grievance of the applicant is that even though he was granted the 3rd financial upgradation under the MACP, the difference in pensionary benefits with regard to leave encashment, gratuity and pension were not granted to him. Therefore, he approached this Tribunal for directing the respondents to revise the pension with effect from 1.6.2010 at Rs.9345/- and then from 1.1.2016 at Rs.24500/-as per Annexure A-10 and to direct the respondents to grant arrears of pension and balance of gratuity based on the last pay drawn and leave encashment arrears within a time frame.
In response to the notice, respondents have filed a reply statement. In paragraph 4 of the reply statement, it is stated that the applicant's pay arrears have already been paid. Regarding other arrears, it is submitted that the respondent no.3 i.e. Commander Works Engineer (Navy), Chennai has processed the case for revision of pension and forwarded the proposal to PCDA(P) Allahabad on 19.8.2022. A copy of the communication dated 19.8.2022 has been produced as Annexure R-3. According to the respondents, on getting authority from the first respondent, the pension will be revised and his claim will be settled.
The learned counsel for the applicant submits that the applicant will be satisfied if a direction is given to the respondents to issue authorisation for drawing arrears within a time frame.
After hearing counsel on both sides, the Original Application is disposed of with a direction to the respondents to issue authorization for releasing revised pension and arrears of pension, gratuity and leave encashment within a period of three months from the date of receipt of a copy of this order. No costs.
List of Annexures
Annexure A1 - True copy of the PPO No.C/ENG/16311/2010
Annexure A2 - True copy of the RTI application dt.29.7.2021 sent to the 4th respondent
Annexure A3 - True copy of the letter No.1212/627/EIR dt.13.8.2021
Annexure A4 - True copy of the pay fixation statement
Annexure A5 - True copy of the pension slip for December 2016 issued by the State Bank of Travancore now known as State Bank of India
Annexure A6 - True copy of the new PPO No.403201004559 fixing the pension of the applicant
Annexure A7 - True copy of the pension slip issued by the State Bank of India for the month of May 2021
Annexure A8 - True copy of the representation to the 4th respondent on 24.8.2021 by RPAD with a copy to the 3rd respondent
Annexure A9 - True copy of the representation was submitted on 31.3.2022 to the 4th respondent with copies to the 1st and 3rd respondent
Annexure A10 - True copy of the OM No.38/37/2016-P&PW(A) dt.12.5.2017 issued by the 5th respondent
Annexure A11 - True copy of the OM No.38/33/12 P&PW(A) dt.9.7.2019 issued by the 5th respondent.
Annexure R1 - True copy of the Demand Draft receipt
Annexure R2 - True copy of letter No.1212/CGM/46/EIR dt 18 Feb 2012
Annexure R3 - True copy of letter No.15008/CGM/63/EIR dt 19 Aug 2022.///