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Judgment
Shri Jagdish Singh Bundela, learned counsel for the applicant and Shri M.K. Sharma, learned counsel for the respondents are present and heard.
Learned counsel for the applicant has filed the instant O.A. for seeking following reliefs:-
(i)To seek a relief ad-interim mandamus to direct and command the respondent Nos. 2 and 3 to stop further recovery from the pension of the applicant and to refund the excess recovery already made from the commuted value of pension (CVP) amounting to Rs. 92,058/-, along with interest at the rate of 12% per annum from the date of recovery of the excess amount.
(ii)To issue a direction to the respondent Nos. 2 and 3 to recalculate and pay full pension from 01.09.2022 and grant pension as per the 6th and 7th Pay Commissions, and to add Dearness Allowance (D.A.) accordingly.
(iii)To grant any other relief to which the applicant is found entitled to in law and equity.
The brief facts of the case as narrated in the OA are that the applicant, a retired Railway employee aged about 78 years, has filed the present Original Application seeking restoration of the commuted portion of her pension with effect from 01.09.2022, upon completion of fifteen years from the date of commutation. She alleges that the respondents have continued to deduct the commuted portion from her pension and have failed to revise her pensionary benefits in accordance with the 6th and 7th Pay Commissions. She has, therefore, sought refund of the excess amount recovered, along with interest at the rate of 12% per annum, and other consequential benefits.
Despite ample opportunities having been given, counter has not been filed. It is a matter in which recovery is said to have been continued after commutation period, i.e., 15 years. In the circumstances, opportunity to file the counter is hereby closed.
Heard learned counsel for the parties.
Learned counsel for the applicant submits that the applicant herself was employed in the respondents’ department and retired from service on 31.08.2007, whereupon her Pension Payment Order (PPO) was issued on the same date. Referring to Annexure No. A-2, learned counsel contends that the PPO specifically mentions 01.09.2007 as the date of commencement of pension and 01.09.2022 as the date from which full pension was to be restored upon completion of fifteen years of commutation. However, despite the aforesaid stipulation, the respondents have failed to restore the full pension and revise the PPO with effect from 01.09.2022. In view of the above, learned counsel prays that the Original Application be allowed and the respondents be directed to revise the PPO, restore the full pension with effect from 01.09.2022, and pay the consequential arrears of pension from the said date till date.
Learned counsel for the respondents submits that, in view of the stipulations contained in the Pension Payment Order (PPO), the applicant is entitled to restoration of full pension with effect from 01.09.2022. He further submits that, if the full pension has not yet been restored, appropriate directions may be issued to the concerned authorities to ensure its restoration. Referring to Annexure No. A-7, learned counsel further contends that the department has already issued a communication to the concerned bank informing it that the applicant’s pension has been revised and that she is entitled to receive full pension with effect from 01.09.2022.
I have considered the rival submissions and gone through the entire records.
It is evident from the Pension Payment Order (PPO) that the applicant’s full pension was liable to be restored with effect from 01.09.2022. Learned counsel for the respondents has also referred to Annexure No. A-7 and submitted that the department had already issued a communication dated 22.03.2024 to the concerned bank regarding revision of the applicant’s pension and restoration of full pension with effect from the aforesaid date. In view of the above, the respondents are directed to revise the PPO and ensure restoration of the applicant’s full pension with effect from 01.09.2022. If the necessary order has already been issued and the communication dated 22.03.2024 has already been forwarded to the concerned bank, the respondents shall ensure its effective implementation without any further delay. The revised PPO shall be issued within one month from the date of receipt of a certified copy of this order, and a copy thereof shall be communicated to the applicant forthwith.
The respondents are further directed to calculate and pay the consequential arrears of pension admissible to the applicant with effect from 01.09.2022, in the light of the communication dated 22.03.2024, along with interest at the applicable GPF rate of interest, within the aforesaid period of one month. Accordingly, the Original Application is disposed of in the above terms. There shall be no order as to costs.