CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Anindo Majumdar, Administrative Member
Mahadev Biswas – Appellant
Versus
Union of India – Respondent
O.A. 350/01990/2022
| Table of Content |
|---|
| 1. the procedural order allows single-member bench review under tribunal's authority. (Para 1 , 2) |
| 2. the applicant sought pension revision based on central pay commission recommendations. (Para 3 , 4) |
| 3. examination of compliance with earlier tribunal directives and submission concerns. (Para 5 , 6) |
| 4. the respondents argued the case is devoid of merit due to compliance with pension regulations. (Para 7) |
| 5. the tribunal finds revisions were appropriately executed as per legislative guidance. (Para 8 , 9 , 10) |
| 6. concludes with dismissal of application due to lack of merit. (Para 11) |
ORDER
In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985 , this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.
2. The applicant has filed this Original Application, seeking the following relief(s):
“a) Quashing and setting aside the reasoned order dated 11.11.2019 passed by the Assistant Personnel Officer, Workshop Sini, South Eastern Railway, marked as annexure 'A- 6' to this application.
b) Directing the Respondents to refix the revised pension of the applicant in terms of the filled up a Proforma submitted by the applicant on 31.05.2013 for revision of pension and family pension of Pre 2006 pensioners / family pensioners in terms of the Recommendation of 6th Central Pay Commission and to take steps for actual payment of the same to him within a stipulated time.
c) Directing the Respondents to pay interest at the rate of 12% for delayed re fixation and payment of revised pension of Pre-2006 pensioners in terms of the recommendation of the 6th Central Pay Commission to the applicant from the date it is accrued till the date actual payment.”
3. Heard the Ld. Counsels and considered the material on record.
4. At hearing, Ld. Counsel for the applicant submitted that the applicant is a retired employee of South Eastern Railway who retired from service on 31.05.2003. He submitted that the applicant, after retirement was drawing pension as per his last pay. Ld. Counsel further submitted that the applicant had submitted an application dated 31/5/2013 in the prescribed form for revision of his pension for Pre-2006 Pensioners in terms of the recommendations of the 6th Central Pay Commission (CPC) (Annexure A/1) Ld. Counsel further submitted that vide letter dated 08.05.2017, the Manager, Allahabad Bank, India Exchange Place, Kolkata was, inter alia, authorised by the Dy. FA&CAO (WS), South Eastern Railway to disburse revised pension @ Rs.6473/- per month to the applicant w.e.f. 01.01.2006 up to 23.09.2012, and w.e.f. 24.9. 2012 till death.
5. Ld. Counsel for the applicant submitted that the applicant had submitted a representation dated 05.09.2017, seeking disbursement of the revised pension as per the directions given in the letter dated 08.05.2017 and that he had submitted subsequent letters on the matter to the concerned respondent authority.
6. Ld. Counsel for the applicant submitted that the applicant had filed an Original Application being O.A. No. 935 /2018 before this Tribunal which was disposed of, vide order dated 20.11.2018 with certain directions and since the said order was not complied with by the respondent, he had filed a contempt petition being CP/96/2018 which was however dropped by this Tribunal, vide order dated 29/04/2022 which certain directions upon the respondent. Ld. Counsel for the applicant submitted that the applicant was granted a personal hearing on 04.08.2022, by the Assistant Personnel Officer (WS), South Eastern Railway, Sini (Annexure A/6) and that thereafter the said Officer had passed an order dated 11.11.2019, disposing of the representation of the applicant made in compliance with the orders of this Tribunal dated 20.11.2018, passed in O.A No.935/2018. Ld. Counsel submitted that since the ap
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