Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/00395/2018 Jabalpur, this Wednesday, the 17^th day of April, 2024 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER Govind Prasad Patel, S/o Late Shri Lalliram Patel, Aged about 65 years Pensioner R/o House No.1182 Jai Prakash Nager Durga Chouk Adhartal Jabalpur District Jabalpur (MP) 482004 -Applicant (By Advocate –Shri Chandrakant Magande)

V e r s u s

1. The Union of India, Through the Secretary Ministry of Defense, Government of India, New Delhi 110001

2. General Manager, Ministry of Defense, India Ordinance Factories Grey Iron Foundry Jabalpur District Jabalpur (MP)

482009

3. Controller, office of the Principal CAD (pension) Allahabad (UP) PIN Code 211001

4. Manager, Union Bank of India, Branch Gopal Bagh Jabalpur District Jabalpur (MP) 482009 - Respondents (By Advocate –Shri N.K. Mishra for respondents no.1 to 3 and None for respondent No.4)

(Date of reserving the order: 29.01.2024)

O R D E R By Justice Akhil Kumar Srivastava, JM;

The applicant in this Original Application has prayed for direction to the respondents authority to grant proper pension i.e. Rs.24692/- to the applicant by deducting only Rs.3660/- as per commutation of pension and further to direct the respondent not to deduct amount of Rs.14698/- from his account.

2. Briefly stated the facts of the case are that the applicant was working under respondent No.2 and retired from the post of Fitter Gen. H.S. on 28.02.2013. He had applied for commutation of pension and for that he got amount of Rs.3,59,881/- and in lieu of that Rs.3660/- was started to deduct from the pension of the applicant. Accordingly PPO was issued vide Annexure A/2. Later on respondent No.4 started pension of Rs.24692/- after deducting Rs.3660/- till March 2018. Suddenly Rs.14698/- was deducted from the pension out of Rs.24692/- and only paid Rs.9994/- from April 2018. Applicant submitted his representation dated

05.04.2018 but of no avail. Hence this Original Application.

3. Respondent No.2 in his reply has submitted that the applicant was an ex-employee of GIF Jabalpur who was superannuated w.e.f.28.02.2013. He was given all terminal benefits as per his entitlement i.e. GPF Rs.2,19,179/-, CGEGIS Rs.43,092/-, DCRG Rs.5,19,354/-, Commutation Amount Rs.3,59,881/-, Residual Pension Rs.5490/- per month (full pension was Rs.9150/- after commuting 40% pension, the residual pension is Rs.5490/-), Leave Encashment Rs.1,84,735/-. Pension papers of applicant was forwarded to PCDA (P) Allahabad and on 06.03.2013 PPO was generated. The same was forwarded to Union Bank of India on 13.03.2013. As per records available with the respondents it has not issued any instruction either to Pension Disbursing Authority (i.e. Union Bank of India) or to PCDA (P) Allahabad to recover any amount from the monthly pension of the applicant. Therefore respondent No.2 has no locus standi in the matter.

4. Respondents No.1 and 3 in their reply have submitted that the applicant is aggrieved of recovery from his monthly pension for which the appropriate authority is Pension Disbursing Authority ie. Union bank of India from where the applicant is drawing his monthly pension. However the Central Pension Processing Center (CPPC) of respondent No.4 Union Bank of India has clarified vide their e-mail dated 14.05.2018 that deduction on account of commutation in respect of the applicant had not been made during the period form 01.09.2013 to 31.01.2018. The said mistake was rectified by CPPC in the month of February 2018 and started recovery @ Rs.5000/- per month. But in February pension, the system wrongly took the basic of family pension and credited the pensioner account. This took place till April 2018 pension. To rectify the error the pension due and drawn was prepared from March 2013 to April 2018 and Rs.1,60,431/- was found excess paid to the pensioner. Notwithstanding the above