CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 501/2020 Reserved on: - 22.04.2025 Pronounced on: -12.06.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Jagat Ram son of Sh. Roop Lal, aged 69 years, resident of Ward No.10 Krishna Nagar, Nowshera Distt. Rajouri, J&K-185151.

.... APPLICANT (By Advocate: - Ms. Veenu Gupta)

VERSUS

1. Union of India through the Secretary, Ministry of Defence, South Block, New Delhi-110011.

2. Major General, AOC, Northern Command, C/o 56 APO.

3. AOC (Records), Govt. of India, Ministry of Defence, Secunderabad-500009.

4. Principal Controller of Defence Accounts (PCDA) Pension (P), Draupadi Ghat, Allahabad (U.P.)-211003.

5. Commandant, 1 Field Ordnance Depot, C/o 56 APO, Pin-909901.

6. State Bank of India, Nowshera, District Rajouri, J&K-182101, through its Manager.

…Respondents.

(By Advocate: - Mr. Raghu Mehta, Sr. CGC)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “In view of the facts and peculiar circumstances of the case mentioned in para 4 and 5 above, applicant respectfully prays following relief:

b) That the records of the case be called, in the interest of justice. c) That Annexure A-1 dated 31.12.2019 and PPO dated

25.10.2019 (A-2) reducing the pension of the applicant be quashed and set aside.

d) That it be declared that the applicant is entitled to draw pension as per PPO dated 18.05.2011 (A-5).

e) That this Hon'ble Tribunal may also pass any other order for the grant of relief to the applicant which it may deem fit in the peculiar facts and circumstances of the case.

f) That cost of the application may also be awarded in favour of the applicant.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Jagat Ram, son of Sh. Roop Lal, aged 69 years and resident of Ward No. 10, Krishna Nagar, Nowshera, District Rajouri, J&K, retired from the service of the respondents on 31.08.2011 while serving in the Pay Band of Rs. 9300-34800 with Grade Pay of Rs. 4600/-. Pursuant to his retirement, his pension was fixed and sanctioned vide PPO dated 18.05.2011, and he continued drawing the same without interruption or dispute.

b) Suddenly, vide letter dated 31.12.2019, respondent no. 5 (State Bank of India, Nowshera, Rajouri) intimated that the applicant had been wrongly awarded the pay scale of Rs. 5000-8000 + GP of Rs. 4600/- based on a judgment of the Hon'ble J&K High Court, which allegedly stood reversed. Consequently, the pension was revised downwards and a recovery was also ordered through the revised PPO dated 25.10.2019 issued by respondent no. 4 (PCDA (P), Allahabad).

c) The applicant contends that the said judgment of the Hon’ble J&K High Court dated 27.02.2009, on the basis of which his original PPO was issued, had attained finality as no SLP was filed against it. Furthermore, the reduction in pension and order of recovery was passed without affording any opportunity of hearing or issuance of show-cause notice, thus violating the principles of natural justice.

d) It is further contended that the respondents erroneously relied on the judgment in the case of Rupa Singh & Ors. vs. Union of India & Ors., which had no applicability to the applicant's case. It is asserted that the controversy regarding the pay scale of Rs. 5000–8000 was already settled in the applicant’s favour and was not reversed in his specific case. Moreover, the issue of applicability of a contrary judgment is sub judice in O.A. No.

439/2018 before the Tribunal.

e) The applicant has referred to Rule 70 of the CCS (Pension)

Rules, 1972, which mandates that no revision of pension to the disadvantage of the pensioner shall be made after two years of the original authorization unless with the concurrence of DOPT. He has also relied on D