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HIGH COURT OF DELHI
C. HARI SHANKAR, AJAY DIGPAUL, JJ
DHIRENDRA KUMAR SINHA – Appellant
Versus
UNION OF INDIA AND ANR – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. The petitioner, who was working as Assistant Director (Metallurgy) in the Ministry of Micro, Small and Medium Enterprises, [“the MSME” hereinafter], on being selected in the RITES, [Rail India Technical and Economic Service] as Deputy Manager (M & C), tendered his technical resignation from the MSME on 3 May 2007 and joined RITES on 4 May 2007. He was later absorbed in RITES with effect from 4 May 2007, the date of his joining.
2. On 5 September 2013, the Central Pension Accounting Office, [“CPAO” hereinafter, and Respondent 2 herein] Ministry of Finance, issued a Pension Payment Order, [PPO], computing the pension payable to the petitioner consequent on the service rendered by him in the MSME. Note 3 at the foot of the PPO read thus:
“3. DR, [Dearness Relief] is Admissible on Basic Pension and Additional Pension if any.”
3. Though DR is ordinarily payable on pension, Mr. Mohanty, who appears for the petitioner, does not dispute the position that DR would not be admissible to a pensioner who takes re-employment elsewhere, as per Office Memorandum, [OM] dated 2 July 1999 issued by the Department of Pension & Pensioners’ Welfare, [DOPPW], in terms of the
Re-employed pensioners are not entitled to dearness relief during re-employment, and misrepresentation regarding entitlement disqualifies them from equitable relief against recovery of excess payment....
Recovery of excess payments made to employees is permissible if an undertaking was signed, regardless of the employee's class, unless undue hardship is demonstrated.
No dual pension under EPS 1995; must disclose re-employment or obtain Scheme Certificate to club services for single post-superannuation pension. Excess recoverable but adjustable against arrears wit....
The Supreme Court's guidelines in Rafiq Masih apply to all stakeholders involved in pension payment and receipt, including disbursing banks and family pensioners, ensuring equitable and just recovery....
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