Post-retirement correction of clerical error in promotion date allowing last pay refixation upheld despite Rule 59's 24-month limit; excess leave encashment adjustable from enhanced gratuity as government dues.

O R D E R

JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J) :-

1.Learned counsel for applicant, on the basis of his case submitted that applicant was under employment of B.S.N.L. and retired on 31.07.2016, while serving as Divisional Engineer (Optical Fiber Cable), Eastern Telecom Region, B.S.N.L. Gaya. At the time of his retirement, his last basic pay was Rs.53,290/- as mentioned in his Last Pay Certificate dated 25.03.2017. But after his superannuation, the Opposite parties have calculated last basic pay of the applicant as Rs. 49,620/- which is absolutely wrong and without any basis. Before reducing the basic pay, the Opposite Parties have neither issued any adverse order not any show cause notice and without any reason, such reduction was made. It has also been mentioned that the reduction of aforesaid basic pay is in violation of the Rule 33 CCS (Pension), Rules 1972 and in contravention with the Para 5 (ii) of Government of India order (Department of Pension and Pension welfare) dated 02.09.2008. It was the liability of Head of the Office to verify the correctness of the emoluments drawn during last 10 months of the service in order to ensure that emoluments during the last 10 months of the service have correctly been shown in the service book. The Head of the Office has to verify the correctness of emoluments for the period of 24 months only, preceding date of retirement of government servant. Therefore the basic pay of the applicant cannot be reduced and accordingly the pensionery benefit can never be fixed on reduced basic pay.

2. According to Government of India order dated 16.03.2017, the employee/officer who retire/ superannuated on or after 01.01.2016 will get Rs.20 (Twenty) lakhs (maximum) towards retirement Gratuity whereas, the applicant who had superannuated after 01.01.2016 has been paid only Rs.10 (Ten) lakhs as retirement gratuity vide order dated 19.12.2016.

3. It has also been submitted by ld. Counsel that the applicant has submitted representation on 21.09.2017 and reminder on 02.11.2017 for further revision of entire pensionery benefit but no order has been passed by the authority concerned. Hence the applicant filed an O.A. No. 15/2017 before this Tribunal by challenging the reduction of his basic pay, which was disposed of by this Tribunal on 18.06.2018 with direction to the opposite parties to look into the grievance of the applicant with regard to the prayer sought for in this O.A. and to redress the same in accordance with law and in the light of Memo dated 17.05.2017. It has also been mentioned in the order that the decision of the Tribunal in O.A. 769/2012 as affirmed by the Hon’ble High Court in CWJC No. 17270/2013 and the appropriate reasoned and speaking order be issued within a period of two months from the date of receipt of copy of the order. Vide order dated 22.09.2018, the reasoned and speaking order was passed by the Sub Divisional Engineer (Admin.) Office of the GMM, ETR, Patna vide order dated 07.03.2018, the DCRG amount was calculated Rs.16,52,048/- instead of Rs.20 lakhs, and in furtherance of order dated 07.03.2018 a recovery of   Rs. 78,831/- has been done from the Leave Encashment amount which is unjust, unconstitutional, arbitrary, punitive and against the order passed by this Tribunal dated 18.06.2018. The re-fixation of basic pay and order of recovery also were contrary to Rule 33 and Rule 59 (1) (b) of CCS (Pension) Rule 1972 and DoPT OM dated 02.03.2016 based on the judgement of Hon’ble S