ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR (CIRCUIT BENCHAT JODHPUR)

S/6.

OA No 135/2022 with MA No 177/2022 No-3184468N Ex Hav Gordhan Ram Godara, S/o Sh. Surja Ram, R/o VPO-Karwar, Teh&Distt-Jodhpur (Raj)-302037 Applicant Versus

1 The Union of India, ^{through its Secretary of the Govt of} India, ^{Ministry of Defence, New Delhi-110011} The Chief of the Army Staff, Army Headquarters

2 DHQ PO, NewD elhi - 110011

3. The PCDA (P), Draupadi Ghat, Allahabad (UP)- 211014

4. Records, The Jat Regiment PIN-900496, C/o 56 APO

5. The Chief Manager ^{(CPPC), State Bank} of India, SMS Highway, Choura Rasta, Bapu Bazar, Pink City, Jaipur (Raj) - 302003 Respondents The Branch Manager, SBI, Mandore Road

6.

(Bank Code 003174), Jodhpur (Raj) -342007 (SB A/C No : 61030388774)

:Mr DS Rathore, Advocate For Applicant For Respondents : Dr Yuvraj Singh, ^Advocate (R1-4)

Mr LalitK Purohit, Advocate (R5&6)

CORAM:

HON'BLE MR. ^{JUSTICE GOVERDHAN BARDHAR, MEMBER (J)}

HON'BLE MR. SANJIV MITTAL, MEMBER (A)

ORDER

20.11.2025

1. By way ^{of this Application under Section} 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents not to recover excess amount ^of Rs. ^5,37,001/- paid to ^{the Applicant as pension} for the period from 01.02.2011 to 31.12.2020 and to refund the amount recovered from ^the pension ^account of the ^Applicant without his ^consent.

Brief facts of the case as enunciated by the Applicant are that he was

2.

enrolled in the Army on 28.10.1990 and after rendering more than 17 years, 3 months and four days of service, he was discharged from Service on medical grounds on 31.01.2008 for which he was qranted Service Pension for life for 17.5 years service wef 01.02.2008. The Applicant was also granted Disablity Element of Disability Pension @ 30% along with Rounding Off Benefits to 50% for three years from 01.02.2008 to 31.01.2011. The disability of the Applicant was not reviewed after three years, thus, the disability element of disability pension was to be discontinued wef 01.02.2011, however, the same was not discontinued by the Respondent PDA and they continued to pay him the disability element of disability pension till 31.12.2020 and, thus, paid excess amount of Rs. 4,96,290/- on this account. As per PCDA (P) Circular No 570 dt 31.10.2016, the Respondent PDA fixed Service Pension of the Applicant @R s. 20,034/- pm instead of Rs. 19,527/- pm, ie., Rs. 507/- pm plus DA thereon from 01.07.2014 to 31.12.2020 and, thus paid an excess amount of Rs. 40,711/-. In sum, the Respondents paid an excess amount of Rs. 5,37,001/ (Rs. 4,96,290 DE + Rs. 40,711 SE = Rs. 5,37,001/-) till 31.12.2020 for the period from Feb 2011 to Dec 2020. This recovery was noticed by CPPC/PDA on receipt of E-PPO dt 23.04.2019 and they started recovery from the Applicant in monthly instalments @6 754/- pm without issuing any notice and granting him an opportunity of hearing which is against the principles of natural justice. The Applicant submits that he is an old aged ex-serviceman solely dependent for his livelihood on meagre amount of pension having no other source of income and is unable to refund such huge amount at this stage at the cost of mistake made by the Respondent PDA. The Applicant has placed reliance on Hon'ble Supreme Court judgment dt 18.12.2014 in Civil Appeal No 11527/2014 (arising out of SLP (C) No 11684/2012) in the case State of Punjab & Ors Vs Rafiq Masih (White Washer) and contended that the Applicant is a pensioner and the Respondents (R5&6) continued to pay the excess pension for more than five years, therefore, they cannot recover the excess amount paid to him. Further, based on the judgment in the Rafiq Masih (Supra), Govt of India, Ministry of Personnel, Public Grievances and Pernsions, Department of Personnel and Training, New Delhi vide letter dt 02.03.2016 has also issued clear instructions that the Respondents cannot recover the amount from the pension and the amount already recovered should be refunded to the pensioners.

3. The Respondents (