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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Banarasi Dass – Appellant
Versus
State of J&K – Respondent
| Table of Content |
|---|
| 1. transfer of writ; facts of service and pension claim. (Para 1 , 2 , 3) |
| 2. respondents defend re-fixation per statutory rules. (Para 4) |
| 3. pension crystallizes on last pay; no fraud alleged. (Para 5 , 6 , 7 , 8 , 9) |
| 4. reg.242 bars reopening; recovery harsh post-retirement. (Para 10 , 11 , 12) |
| 5. precedents prohibit recovery from innocent retirees. (Para 13 , 14 , 15 , 16) |
| 6. application allowed; pension on last pay directed. (Para 17 , 18 , 19) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.2372/18 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.9117/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
“PRAYER
It is therefore prayed that Hon'ble Court be pleased to issue:
1/Writ of certiorari quashing and setting aside the communication no PNRJ-ii/c-3/2016-19/1063-64 dated 16th October, 2018,
2/ Writ of Mandamus directing and commanding the respondents to settle and release pension and related dues as per last pay drawn at the time of retirement, along with interest @ 10% p.a for delayed payment
3/ Any other appropriate Writ, Direct
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