Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/799/2021 Jabalpur, this Thursday, the 16^th day of January, 2025 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER Smt. Laxmi Naidu W/o Late Ashok Kumar Naidu, aged about 52 years, R/o LIG 07 Raksha Nagar, JDA Colony, Bada Patthar Ranjhi Tehsil and District Jabalpur (M.P.) -Applicant (By Advocate –Shri Nitesh Patel proxy counsel for Shri Y.M. Tiwari)

V e r s u s

1. Union of India, Through the Secretary Department of Ministry of Defence, New Delhi South Block 110011

2. The General Manager Vehicle Factory Jabalpur (М.Р.) 482002

3. Principal Controller (Pension)

Office of Principal Controller of Defense account (Pension)

Allahabad (U.P.)

4. The Branch Manager, Union Bank of India, Ranjhi, Jabalpur (M.P.) 482001 - Respondents (By Advocate –Shri P.K. Chourasia for respondent No.1 to 3 None for respondent No.4) (Date of reserving the order:23.12.2024)

Digitally signed Page 1 of 5 by KARUNA O R D E R By way of this Original Application, applicant has sought for direction to the respondents to release the family pension of Rs.19221/- per month at enhanced rate and also prayed for direction to respondent No.2 to release the arrears of the family pension which was deducted from family pension.

2. The facts of the case are that the husband of the applicant was working as General Fitter in the respondent- department has died in September 2014 while in service. After his death applicant was getting pension of Rs.16650/- (annexure A/1). The respondent no.3 issued family pension payment order in the year 2015 (Annexure A3) wherein it was specifically mentioned that the enhanced rate of the family pension is payable since 20.09.2014 till 20.09.2024 or remarriage or death whichever is earlier. The applicant did not remarried and not died, but without any sufficient reason the family pension of the applicant was reduced to Rs.7532/- and now applicant is getting Rs.11689/-. Without any show cause notice and without any intimation to the applicant the pension of the applicant was reduced by the respondents (Annexure A/4). Applicant made several representations Digitally signed Page 2 of 5 by KARUNA even legal notice was also sent to the respondents but no action was taken by the respondents. Hence this Original Application.

3. Respondents in their reply have submitted that the family pension in favour of the applicant was notified vide PPO No.C/FYS/FP/15088/2015 with enhanced rate of ordinary family pension Rs.6420/- p.m. w.e.f.20.09.2014 till 19.09.2024 or remarriage or death whichever is earlier. Thereafter normal rate of ordinary family pension was Rs.3852/- till re-marriage or death whichever is earlier. After implementation of 7th CPC, only the rate of family pension viz. enhanced rate of family pension @ Rs.16650/- p.m. and normal rate of family pension @ Rs.9990/- was further revised w.e.f. 01.01.2016 as per 7th CPC vide PPO No.401201503745. However, the said PDA's i.e. Union Bank of India erroneously made the underpayment itself and when the said underpayment came to their notice they corrected the same in the month of Dec. 2021 as mentioned in the e.bank scroll for the month of Dec.2021 (Annexure R-1).

4. Applicant has submitted rejoinder to the reply filed by the respondents and has reiterated the averments made in the Original Application.

Digitally signed Page 3 of 5 by KARUNA

5. Respondents have filed additional reply to the rejoinder wherein it is submitted that the respondent No.2 has requested PDA i.e. Union Bank of India, CPPC Branch Mumbai vide letter dated 25.11.2021 to rectify their error and disburse the pension accordingly.

6. Heard the learned counsel for both the parties and perused pleadings and documents annexed therewith.

7. In the present case applicant is the widow of Late Shri Ashok Kumar who was working with respondents, has expired on 19.09.2014. After his death family pension was sanctioned to his wife Smt. Laxmi Naidu i.e. th