CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Original Application No.060/00034/2020 Pronounced on: 15.10.2025 Reserved on: 09.09.2025 CORAM: HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

Smt. Shakuntala Devi wife of Late Sh. Dharam Singh, aged 66 years, resident of House No. 1501, Riverdale Apartments, Highland Marg, near Air Force Station, Zirakpur, Punjab 140603 (Group C)

.... Applicant By Advocate: Mr. Balwinder Singh through video conferencing Versus

1. Union of India through Secretary to Government of India, Ministry of Defence, South Block, New Delhi-110001.

2. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad-211014.

3. General Manager, Ordnance Cable Factory, Industrial Area, Phase- I, Chandigarh - 160002

4. Manager, Punjab National Bank, PNB House, Bank Square Sector 17B, Digitally Chanigarh-160017.

WADHWA ... .Respondents By Advocate: Mr. Sanjay Goyal, Sr. CGSC

O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-

(a) Quash the Revised PPO dated 24.04.2019 (Annexure A-1), to the extent family pension of the applicant has been re-fixed since 8.9.2015 itself and w.e.f. 1.1.2016 old basic pension as per 6th CPC is Rs.17,389 and new basic pay as per 7th CPC revised as Rs.13,080/- etc. and total recovery worked out is Rs.2,05,539.30 and a sum of Rs.4,360/- per month is being recovered from her pension, which is Illegal and arbitrary.

(b) Issue directions to the respondents to release the recovered amount and keep paying her full pension without any element of reduction or recovery, along with interest @ 18% per annum from the date the amount was recovered to the actual date of refund in pursuance of law settled by Hon'ble Supreme Court.

2. The facts of the case, in brief, are that Late Dharam Singh husband of applicant Shakuntla Devi, was employed in Ordnance Cable Factory, Chandigarh, and retired from service as Charge man Grade-II w.e.f 30.4.2004. He expired on 7.9.2015 and as such the applicant was released family pension w.e.f. 8.9.2015, which was fixed at the basic pension of Rs.6,766/- (Annexure A-3). She was drawing the pension at Digitally signed by the rate of Rs.19,476/- up to September, 2019. All of a sudden in October, 2019, her pension was reduced from Rs. 19476/- to Rs.10,290/- by issuance of a revised PPO (Annexure A-1), without any show cause notice or opportunity of hearing. When the applicant enquired from the bank, she was informed that her pension has been re-fixed since 08.09.2015 itself and w.e.f. 1.1.2016 old basic pension as per 6th CPC is Rs.17,389 and new basic pay as per 7th CPC is mentioned as Rs.13,080/- etc. and total recovery worked out is Rs.2,05,539.30 and a sum of Rs.4,360/- per month is sought to be recovered from her pension.

3. The contention of the applicant is that the action of the respondents in reducing the pension and effecting recovery is arbitrary and illegal in view of law laid down by the Hon’ble Supreme Court in the case of State of Punjab & others etc. v. Rafiq Masih (White Washer) etc. (Civil Appeal on No.11527/2014 with connected Appeals) decided on 18.12.2014. It is also the contention of the applicant that principles of natural justice have not been adhered to before reduction in pension and effecting recovery.

4. The respondents filed written statement contesting the claim of the applicant stating that for implementation of Government decision as per recommendation of 6^th CPC, the pre-2006 pensioners, who have been getting pension as per Central Civil Services (Pension) Rules, 1972 were entitled to receive revised pension as per Government of India, Ministry of Personnel, Public Grievances & Pension, Department of P&PW OM No.38/37/08-P&PW(A) dated 01.09.2008 circulated to Pension Disbursing Agencies i.e. Bank, DPDO, Treasury etc. vide Office of the PCDA (Pension) Allahabad circular No. 57 dated 17.09.2008