O R D E R

1. The present O.A. has been filed by applicant Kamla Devi seeking the following reliefs:- “(i) That the Hon’ble Tribunal may graciously be pleased to set aside/quash the Note of the PPO dated 09.03.2018 (Annexure A-1 of the OA) passed by respondent no. 3 regarding per month recovery from pension relief of the applicant and recovery made in pursuance of settlement letter dated 24.04.2018 (Annexure A2 of the O.A) as in the head of stock sheet etc.

(ii) That the Hon’ble Tribunal may graciously be pleased to issue a direction in the nature of mandamus commanding the respondent no. 1 to 4 for payment of all the recoveries made by them to the applicant along with 12% interest from the date of death of the applicant’s husband Becho Lal i.e. 22.12.2017 till its payments.

(iii) That the Hon’ble Tribunal may graciously be pleased to issue any other order or direction in view of the facts and circumstances of the case, or as this Hon’ble Tribunal may deem fit and proper under the facts and circumstances of the case”.

2. Case of applicant is that her husband Becho Lal while working as Junior Clerk in respondents department died in harness on 22.12.2017. It is the case of applicant that her husband was working as a Junior Clerk and was never posted as Store Keeper under Senior Sectional Engineer, Barhani, North Eastern Railway which can be ascertained from the last salary bill of her husband pertaining to November 2017 attached as Annexure No. A-3.

3. It has been further averred in the O.A. that in 2015 on the retirement of one I.D. Pandey (Incharge Stores) on 31.03.2015, her husband was given charge of measurement book as well as Misc. files of certain employees but was never handed over the charge of store and nor did her husband take charge of any material of the store from said I.D. Pandey. That one Shri Manohar Lal joined as Senior Sectional Engineer/Works Barhani on 30.04.2015 and requested D.R.M. N.E. Railway Lucknow vide letter dated 09.05.2015 for the charge of store and its stock verification. Meanwhile her husband was transferred as Junior Clerk from Barhani to Jarwal Road. Accordingly, the department directed stock verification which was done on 11.12.2015 wherein certain shortage was found in the stores.

4. It is the further case of applicant that during the tenure of service period of her husband/till his death, no chargesheet/departmental enquiry was initiated against her husband for shortage of store. On the death of her husband P.P.O dated 09.03.2018 was issued in her favour containing a note that against the pensioner, deduction of Rs. 237652/- has to be done and deduction be made from the pension per month. That the note in the PPO regarding the deduction has been made without any opportunity/show cause against the proposed deduction and the same has been done without following the Railway Servants (Discipline and Appeal) Rules 1968 or Railway Services (Pension) Rules 1993. That respondent No. 4 issued letter dated 24.04.2018 regarding settlement of applicant’s husband, vide said letter also Rs.830655/- of D.C.R.G., Rs.54778/- of Group Insurance Scheme, Rs.2,96,370/- of Leave encashment and Rs.29300/- as retirement transfer allowance, has been deducted against stock sheet appending note before the each column, where as in last para further details as final recovery/deduction against stock sheet has been again mentioned, which are totally illegal and principle of natural justice etc.

5. Applicant has challenged the note in PPO dated 09.03.2018 (Annexure No.A-1) regarding monthly deduction from the pension relief of the applicant and the recovery made in pursuance of settlement letter dated 24.04.2018 (Annexure No. A-2) and further relief directing the respondents to pay the recoveries made from the pension of the applicant along with interest on the ground that:- (i) Violation of the pension rules vis-à-vis Rules 9, 10, 15 of the Railway Services (Pension) Rules, 1993.

(ii) Recovery cannot be affected in view of the