Verification of pensionary benefits must restrict to 24 months preceding retirement; unjust recovery prohibited if no fraud is proven.

ORDER

AS PER : AJAY PRATAP SINGH, MEMBER [JUDICIAL]

By way of present OA under Section 19 of Administrative Tribunals, Act 1985 the applicant is seeking direction to declare entry at serial no.4A in Pension Payment Order [PPO] dated 02.02.2021 (Annexure A-1) showing last pay drawn Rs.74,300/- as null and void and also to direct the respondents to calculate and re-fix applicant’s pension and pensionary benefits treating his last pay drawn Rs.80,200/-. Applicant is also seeking direction to the respondents to refund already recovered amount against DCRG to the tune of Rs.6,90,894/- with Rs.22,512/- recovered on monthly basis from his salary from December 2020 onwards, on account of overpayment made to him. So also a direction be issued to the respondents to revise and re-fix the entire pensionary benefits, including DCRG, commuted value of pension, leave salary etc. treating applicant’s last pay drawn Rs.80,200/- at the time of his superannuation with all consequential benefits and statutory interest from the date of entitlement till the date of actual payment.

PRAYER

2. The main relief (as extracted from the OA) sought by the applicant in the instant OA are as under:-

“8.1 That your Lordships may graciously be pleased to declare the entry made with respect to Pay Last Drawn Rs.74,300/- at serial 4A of the Pension Payment Order dated 02.02.2021 as contained in Annexure A/1 as null void and ab initio wrong.

8.2 That your Lordships may further be pleased to declare the impugned action of Respondents with respect to the fixation of entire pensionary benefits on the basis of reduced pay of Rs.74,300/- in place of Rs.82,200/- as null, void and illegal.

8.3 That your Lordships may graciously be pleased to direct/command the respondents to release/refund the recovered amount DCRG amounting to Rs.6,90,894/- (Six lacs ninety thousand eight hundred ninety four) together with Rs.22,512/- recovered from the monthly salary of December 2020 towards overpayment.

8.4 That your Lordships may graciously be pleased to direct/command the respondents to fix and revise the entire pensionary benefits such as pension, DCRG, Commuted Value of Pension, Leave Salary etc at the basic pay of Rs.80,200/- i.e. last pay drawn at the time of his superannuation instead of Rs.74,300/- with all consequential benefits including statutory interest without any delay.

8.5 Any other relief or relies including the cost of the proceeding may be allowed in favour of the applicant.”

FACTS IN BRIEF

3. Briefly stated facts as adumbrated by the applicant in the OA are that applicant was working as Superintendent, Customs Division, Motihari and superannuated on 31.12.2020 with basic pay Rs.80,200/-. The respondents in an arbitrary manner issued PPO dated 02.02.2021 in favour of the applicant calculating his pension and pensionary benefits based on erroneous last pay drawn Rs.74,300/- whereas he was superannuated drawing last pay Rs.80,200/-. As per the entry in PPO showing that even on the basis of reduced pay of Rs.74,300/-, applicant was entitled for DCRG amount of Rs.14,34,362/- but the respondents have reduced and actually credited Rs.7,43,468/- only, whereas Rs.6,90,894/- has been recovered as adjustment against alleged overpayment made to the applicant between October 1993 and January 1998.

4. It is also the case of the applicant that the respondents have reduced DCRG amount and made recoveries from his pensionary benefits to the tune of Rs.22,512/- on monthly basis from December, 2020 treating that the applicant has drawn pay wrongly and fixation made between October 1993 to January 1998 was due to erroneous fixation of basic pay and, hence, pay was reduced from Rs.8