CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/0027/2024 Order Reserved on:12.02.2026 Date of Order: 16.02.2026 CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

Shri Chandrappa S.H Age: 60 years, Occ:-Business # 1696/58, 'A' Block, Saraswathi Nagar, Davangere 577 004 ......Applicant (By Advocate: Shri.Keshavamurthy H.B)

Vs.

1. Union of India Represented by Secretary Department of Telecommunication, Dak Bhavan, New Delhi 110 001.

2. The General Manager Telecom, Dharwad Telecom District, Sanchar Sadan station road, Hubli 580 020

3. The Controller of Communication Accounts, Karnataka Circle, Amenity Block, 2nd Floor, Palace Road, Bengaluru 560 001

4. The Accounts Officer (TA)

O/o GMTD Hubli (BSNL), BSNL Bhavan, Hubli 580 020

5. The Assistant General Manager (NOW)

Bharat Sanchar Nigam Limited

2nd Extl, Davangere 577002 .… Respondents (By Senior Panel Counsel Shri S. Prakash Shetty for Respondent Nos. 1 & 3, Senior Panel Counsel Shri K.

Gajendra Vasu for Respondent Nos. 2, 4 & 5)

O R D E R

This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985 claiming the following reliefs:

“a) To quash, by issue of a writ of certiorari or any other appropriate writ or order the impugned endorsement 12/562019066200816 date 11-01-2021 issued by the 3^rd Respondent (ANNEXURE - A9) as null and void with a further direction to settle the pensionary benefits of the Applicant's Wife including Commuted pension which is calculated at Rs 6,20,883/- as per terminal benefits calculation sheet prepared by 2nd respondent along with interest at the rate of 12% per annum; and b) Issue a Writ of Mandamus or order or direction or any other appropriate writ directing the respondents to sanction Commuted pension to the applicant holding that with-holding of the same is illegal and order to pay the same with interest.

c) Pass any other order/orders as deemed fit under the facts and circumstances of the case in the interest of justice and equity.”

2. The facts in brief, as narrated by the applicant, are that his wife, Smt.Manjula.H who was working as Deputy Director in the second respondent’s Department, took voluntary retirement from the services on 01.06.2019 due to illness. Accepting the voluntary retirement sought by the applicant’s wife, she was relieved from her services on the afternoon of 01.06.2019. The applicant contends that his wife submitted, in the prescribed format, application (s) for claiming all the terminal benefits/claims, including commuted pension, on 15.06.2019. However, she died on 16.06.2019. Subsequently, the applicant requested the respondents to settle the commuted pension and cumulative value of pension, etc., of his late wife. There being no response to settle the commuted pension of his late wife, the applicant made a detailed representation before the National Pension Adalat for releasing the commuted pension dues of Rs.6,20,883/-. The said grievance was closed in terms of the impugned order dated 11.01.2021 referring to AGM (HR & Admn) Office of GMTD, Hubli Letter dated 09.12.2020, wherein it was decided by the competent sanctioning authority that commutation cannot be given in the applicant’s case. Being aggrieved, the applicant has preferred this Original Application.

3. Learned counsel Shri.Keshavamurthy H.B representing the applicant, submitted that the impugned action of the respondents in not settling the commuted pension of his late wife is illegal. The reasons assigned by the competent authority to reject the claim of the applicant i.e., that the commutation application with the thumb impression is without witness and, as per the medical report of the date on which the thumb impression was made on the commutation form, the official was unconscious and bedridden, are imaginary. Once the thumb impression of the applicant’s wife was accepted with respect to the release of other pensionary/retiral benefits of his wife, no objections could be raised regarding the v