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CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, J, Dr. Anand S Khati, A
B.N. Chawla – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. applicant's pension fixation history. (Para 2) |
| 2. details of excess payment and recovery orders. (Para 3 , 4) |
| 3. legal arguments against pension reduction. (Para 5 , 6 , 7) |
| 4. respondents' justification for recovery. (Para 8 , 9 , 10) |
| 5. regulations on pension revision and recovery. (Para 11 , 12) |
| 6. court's observations on pension rules. (Para 13 , 14 , 15) |
| 7. court's analysis of recovery legality. (Para 16 , 17) |
| 8. court's final decision on pension restoration. (Para 18) |
| 9. conclusion and order details. (Para 19) |
ORDER (ORAL)
Hon’ble Mr. Manish Garg, Member (J):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):
“(a) Direct the respondents to produce the relevant records pertaining to pension and fixation of the Pension of the Applicant from time to time; in particular the records containing the fixation of pension at Rs 16, 307/- and also at a subsequent revision.
(b) quash and set aside the impugned orders dated 26.02.2019, 22.05.2018 and 16.03.2018 passed by the Respondents (c) Declare that the Applicant would continue to be entitled to pension at the rate of Rs. 43
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