O R D E R(Oral)

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. This application has been filed under Section 19 of the Administrative Tribunals Act, 1985 on the ground that the pension of the applicant has been refixed illegally corresponding to grade pay of Rs. 4600/- w.e.f. 01.01.2016 instead of already granted higher pension corresponding to the grade pay of Rs. 4800/-. The brief facts leading to filing of this OA are that the applicant initially joined the service of respondents as Sorting Assistant on 201.11.20164. He was promoted as Inspector, Railway Mail Service (RMS ) on 27.05.1980 and thereafter as Assistant Superintendent in the pay scale of Rs. 6500-10500 w.e.f. 26.11.1988. He was upgraded to the post of HSG-I vide order dated 30.07.1998 (A-5A). The applicant retired from the post of Senior Post Master on officiating basis w.e.f. 31.08.2001. As per 6^th CPC, the post of Assistant Superintendent has been granted the grade pay of Rs. 4600/- and under 7^th CPC the post of Assistant Superintendent RMS has been fixed to grade pay of Rs. 4800/-. Applicant was granted the benefit of pension corresponding to grade pay of Rs. 4800/- vide PPO dated 10.12.2019 (A-4). However, in year 2015, respondent no. 3 issued revised PPO dated 05.11.2015 ( A-11) reducing the pension and grade pay admissible to applicant. vide impugned revised PPO dated 02.02.2021 (A-1), respondents have again reduced the pension of applicant corresponding to grade pay of Rs. 4600/- w.e.f. 01.01.2006. The applicant is also aggrieved by the action of respondents, whereby, they have started recovery to the tune of Rs. 4000/- per month ( total recovery of Rs. 53256/-) and they are recovering such amount from March, 2021. When the applicant came across OM dated 04.01.2019 , he submitted a representation dated 22.06.2019 (A-13) for fixing his pension by taking into account the grade pay of Rs. 4600/-. Respondents have again issued revised PPO dated 10.12.2019 (A-4) in which the applicant was granted notional fixation of pension corresponding to grade pay of Rs. 4800/- under 6^th CPC and accordingly in the 7^th CPC. The representation dated 22.06.2019 submitted by applicant was disposed of by respondent no. 3 through letter dated 19.08.2019 (A-2) stating that his pension is re-fixed corresponding to grade pay of Rs. 4800/- and no further revision is to be made in this pension case. The applicant was paid the arrears of pension from 01.01.2016 t0 31.07.2019 in accordance with Rs.4800/- GP. The applicant sought information under RTI vide his letter dated 28.09.2020 regarding arrears of pension w.e.f. 01.01.2006 to 31.12.2015, whereby, respondents have passed another PPO dated 02.02.2021 again reducing the pension of applicant from Rs. 4800/- to Rs. 4600/- under 7^th CPC. The respondents have also calculated recovery of Rs/ 53256/- from the pension of applicant and are recovering Rs. 4000/- from his pension since March, 2021. The applicant submitted representation dated 22.12.2021 (A-16) which was rejected by respondents. Aggrieved by this, the applicant filed this OA

2. Notice was issued to respondents on 18.02.2022. The replying respondents have submitted that on implementation of 6^th CPC, his pension was revised to Rs. 9113/- ( GP 4800) w.e.f. 01.01.2006. Further his pension was revised to Rs. 9375/- in 4800 GP w.e.f. 24.09.2012 vide authority dated 03.07.2014. The respondents have submitted that the pension of the applicant was reduced to Rs. 4020/- w.e.f. 01.09.2001 and to Rs. 9086/- w.e.f. 01.01.2006 as well as w.e.f. 24.09.2012 as he was not officially promoted as Senior Postmaster by the competent authority and it was merely a leave arrangement for 18 days also as the applicant being the senior most at given station of posting to look after the work of Senior Postmaster Chandigarh. It has been further submitted by replying respondents that the pension sanctioning authority i.e. RMS “LD”Dn Ludhiana prepared the revised case of the applicant in pay scale of Rs. 7500-