Recovery from retired employees' pension for excess payment due to erroneous pay fixation impermissible without prior notice, especially after 5 years.

COMMON ORDER

By Justice Akhil Kumar Srivastava, JM;

The issue involved in all three Original Applications are the same.

Hence, these are disposed of by a common order. For the sake of convenience, the facts, stated in Original Application No.200/01108/2019 is being discussed.

2. Through these Original Applications, the applicants have challenged the order of recovery from pension of the applicants without issuing notice to them.

3. The brief facts of the case are that the applicant is superannuated on 31.05.2012 as Senior Phone Mechanic belonging to Group HI. His last drawn salary was Rs.19,730/- in the pay scale of Rs.14900-27850 but PPO was issued showing his original pension as Rs.9330/- (LDS Rs.18,660/-) in he pay scale Rs.14900-27850. He commuted 40% of his pension (Rs.3732/-) w.e.f. 01.07.2012. His pension w.e.f. 01.07.2012 was Rs.5598/. Being aggrieved from reduction in his last drawn salary applicant made a complaint before 'Pension Adalat. His complaint was heard and his last drawn salary was increased to Rs.20,730/- in pursuance of the order of ‘Pension Adalat’. His pension was revised to Rs.10365/- plus Industrial Dearness Allowances (hereinafter referred as IDA) with effect from 01.07.2012. The Controller of Communication Accounts, Respondent No.4, issued letter dated 17.05.2019 addressed to Chief Manager, State Bank of India, (CPPC), Bhopal directing him to recover Rs.1,17,377/- from entitled IDA of the applicant. The deduction is on account of DCRG Rs.66445/-+ commutation Rs.50540/- and Provisional Pension Rs.392/-. Copy of letter is annexed as Annexure A/3. This revision has taken place due to alleged wrong fixation. The BSNL also adopted said OM and has issued a circular dated 17.08.2016. No show cause notice/order of recovery has been received by the applicant till date and Rs.6958/- p.m. is being recovered from his pension from June 2019. Immediately after recovery the applicant has made complaint to Department of Telecom, New Delhi but still he is subjected to recovery.

4. Upon notice the respondents Nos. 1 to 3 have filed their reply wherein it has been stated that after the retirement of the applicant, the applicant came within the domain of the respondent No. 4 and the BSNL has no relation with this matter.

5. The respondent No. 4 has filed the reply wherein it is submitted that the applicant was appointed on the post of Telegraph Man on 21.08.1974 and superannuated on 31.05.2012. At the time of his retirement the Pension Calculation Sheet and Last Pay Certificate was sent by respondent No. 3, i.e. GMTD, BSNL, Indore to this office, in which, last pay of the applicant was shown Rs. 18,660/- in the pay scale of 13600-25420. Accordingly the PPO was issued. It is submitted that the pay of the applicant was revised by GMTD, BSNL Indore and according to Last Pay Drawn of Rs.20730/-, the pension was fixed @ Rs.10365/-. It is humbly submitted that the applicant had filed complaint in the Pension Adalat that his pay fixation is done wrongly and as per decision taken in Pension Adalat, the applicant was intimated vide letter dated 23.01.2019 and copy of the same was sent to GMTD, BSNL, Indore with instruction to send the pay fixation of the applicant to this office. The pay of the applicant was revised by GMTD, BSNL, Indore and according to last pay drawn Rs. 20730/- the pension was fixed af Rs. 10365/-and sanction was issued on 27.01.2015. It is further submitted that the applicant was given promotion by the GMTD BSNL Indore with wrong pay scale and pay fixation from t