2025 Supreme(Online)(CAT) 15289
CENTRAL ADMINISTRATIVE TRIBUNAL
Munshi Lal Yadav – Appellant
Versus
M/o Defence – Respondent
O.A./1368/2024
Reserved on 02.12.2025 Central Administrative Tribunal, Allahabad Bench, Allahabad This the 04 th day of December, 2025 Hon’ble Mr. Justice Om Prakash VII, Member (J)
Original Application No. 1368 of 2024
1. Munshi Lal Yadav Retired MCM/ISA/126 SQAE (S.A.) Kanpur, aged about 62 years S/O Babu Ram Yadav R/O 18 Sahkar Nagar, Maswanpur, Kalyanpur, Rawatpur, Kanpur Nagar.
2. Brahma Singh Retired MCM/ISA/125 SQAE (SA) Kanpur aged about 63 years S/O Sampat Singh R/O 119/122 Bamba Road Gomti o 5, Kanpur, R.K. Nagar, Kanpur Nagar.
……….. APPLICANTS By Advocate: Shri Pravesh Kumar and Shri M S Rathour Versus
1. Union of India through the Secretary, Ministry of Defence, Government of India, New Delhi. 110011.
2. Director General, Directorate General of Quality Assurance, Ministry of Defence, Government of India, B Block, Africa Avenue, Post Sarojini Nagar, New Delhi 110023.
3. Senior Quality Assurance Officer, Office of Senior Quality Assurance Estt. (Small Arms), Armapur Post, Kanpur – 208009.
4. The Assistant Controller of Defence Account, Accounts Office, Field Unit of DOQ (C&S), Camp Office, OFC, Kanpur 208009.
5. Incharge Officer (Prabhari Adhikari(, G-1 / Civil, Computer Center, Office – Principal Controller of Defence Account (Pension), Draupadi Ghat, Prayagraj – 211014.
.………RESPONDENTS By Advocate: Shri M P Mishra.
ORDER Shri M S Rathour, learned counsel for the applicant and Shri M P Mishra, learned counsel for the respondents, were present at the time of hearing.
2. The instant original application has been filed by the applicant seeking following relief:
“(i) To issue an order or direction commanding the respondents that they may not deduct the amount of Rs. 102899/- and Rs. 77683/- from the pension of applicant no 1 and applicant no 2 respectively in pursuance of letter / order dated 22.02.2024 and 06.09.2024 passed by Administrative Officer, Officer of Senior Quality Assurance Establishment (Arms), Armapur post Kanpur and further they be directed to refund the amount if deducted from the pension of applicants with interest.
(ii) To issue any other and further relief which this Hon’ble Tribunal may deem fit and proper be also awarded to applicants.
(iii) Cost of proceeding be awarded to the applicants.
3. The instant original application has been filed by the applicant seeking direction to the respondents that they may not deduct the amount of Rs. 102899/- and Rs. 77683/- from the pension of applicant no 1 and applicant no 2 respectively in pursuance of letter / order dated 22.02.2024 and 06.09.2024 passed by Administrative Officer, Office of Senior Quality Assurance Establishment (Small Arms), Armapur Post Kanpur and further they be directed to refund the amount if deducted from the pension of applicants with interest.
4. I have heard learned counsel for the parties and perused the records.
5. Learned counsel for the applicants submitted that the applicant no 1 and applicant no 2 were appointed on 02.05.1983 and 02.08.1984 respectively in the department. Applicant no 1 was promoted on the post of Examiner (SK) w.e.f. 01/07/1996 and thereafter was promoted as Examiner (HS-II) w.e.f. 20.05.2003 and again promoted as Examiner (HS-I) w.e.f. 01.01.2006 and thereafter was promoted as MCM (Motor Craft Man) w.e.f. 26.04.2016 and retired from service on 31.01.2022 with last basic pay being Rs. 55,200/- per month. Similarly, Applicant no 2 was promoted on the post of Examiner (SK) w.e.f. 28/06/1996 and thereafter was promoted as Examiner (HS-II) w.e.f. 20.05.2003 and again promoted as Examiner (HS-I) w.e.f. 01.01.2006 and thereafter was promoted as MCM (Motor Craft Man) w.e.f. 26.04.2016 and retired from service on 28.02.2021 with last basic pay being Rs. 53,600/- per month. It was argued that the respondents have granted annual increments to the applicants time to time as per the entitlement. However, later the respondents arbitrarily and illegally issued the chart of revised pay fixation on the fixation of promotion made by them earlier. Respondents