2012 Supreme(All) 221

[2012(7) ADJ 36 (AFT)(Che.B.)(NOC)]
ARMED FORCES TRIBUNAL
(Chennai Bench)
BEFORE : A.C. ARUMUGAPERUMAL ADITYAN (MEMBER-JUDICIAL) AND LT GEN (RETD) R.K. CHHABRA (MEMBER-ADMINISTRATIVE)
M. MARIAPPAN ....Applicant
Versus
CONTROLLER GENERAL OF DEFENCE ACCOUNTS (AT/P) AND OTHERS ....Respondents
(Transferred Application No. 9 of 2011 (W.P. No. 3874 of 2007 – Madras High Court), decided on 20th January, 2012)

Headnote:Central Civil Services (Pension) Rules, 1972—Para 55-A(II)—Pension—Military Service—Fixation of—After discharge from service applicant was re-employed—Whether re-employed pensioners are not eligible for minimum service pension—As per CCS (pension) Rules, Para 55-A(ii), if a pensioner is re-employed under Central/State Government or Corporation/PSU—He shall not be eligible to draw Dearness Relief during period of such re-employment—Pension Disbursing Agency advised to recover overpaid amount basis on audit report—Fixation of minimum pension w.e.f. 1.4.1982 is not applicable to applicant—Since he was re-employed with BHEL—According over payment recovered—Whether recovery of Rs. 5,432 on basis of audit report is sustainable—And fixation of pension as per Government of India O.M. No. F.5(14)-E-III (B) 77 dated 19.7.1978—Held, applicant entitled to get the back said recovered amount—And also entitled to fixation of pension as per said G.O. Application Allowed.