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2024 Supreme(Online)(CAT) 6864

CENTRAL ADMINISTRATIVE TRIBUNAL
P N Balachandran – Appellant
Versus
Department Of Personnel And Training – Respondent


O R D E R

Applicant is a former Assistant Commissioner (Central Excise and Customs) retired on superannuation on 31.08.2013. He is aggrieved by non-granting of Fixed Medical Allowance, FMA for short, at the eligible rates fixed by the Government from time to time. At the time of retirement since some disciplinary cases were pending, initially he was granted provisional pension. Later, under Annexure-A1, pension was granted to him on 05.09.2022 based on the 7th Pay Commission recommendations. Subsequently, the Revised Special Seal Authority was issued. In Annexure-A2 his medical allowance payable is shown as 'nil'. Highlighting the grievance that he was not granted fixed medical allowance from 01.09.2013, from the next date of retirement, he approached the 3rd respondent seeking to pay him such allowance, which has been replied through Annexure-A4. According to the applicant, Annexure-A4 communication is absolutely illegal, arbitrary and is liable to be set aside. Absence of entries in the PPO on matters regarding medical facility or fixed medical allowance is a lapse on the part of the 3rd respondent, that he was under the bonafide impression that he would be paid fixed medical all

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