$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8270/2017, CM APPLs. 34041/2017 & 29348/2018 DR. M.C. PANDEY .....Petitioner Through: Mr. Sudeep Singh and Mr.

Rishabh Bhardwaj, Advs.

versus UNION OF INDIA & ANR .....Respondents Through: Ms. Sangeeta Rai, Sr. PC for UOI CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL)

% 28.04.2025 C. HARI SHANKAR, J.

1. The petitioner retired from the Indo-Tibetan Border Police, [“ITBP”, hereinafter] in 1999. On the basis of the pay scale of ₹12,000-375-16,500/-, which was being drawn by him at that time, he was sanctioned pension @ ₹8,523/- w.e.f. 1 November 1999. We deem it appropriate to provide a screen shot of the Pension Payment Order, [Signature Not Veri 2 f i“ePdPO”, hereinafter] issued by the respondents thus:

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2. Subsequently, in 2006, consequent on the recommendation of the 6^th Central Pay Commission, the petitioner’s pension was revised to ₹20,955/-.

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3. The petitioner continued to be paid the revised pension till 2016. In 2016, the respondents claim to have realised that, while re- fixing his pension in 2006, the petitioner’s pay scale have been erroneously fixed, by treating his pay scale as ₹14,300-400-18,300/- instead of ₹12,000-375-16,500/-. Accordingly, a decision was taken to downwardly revise the petitioner’s pension. Though no communication was addressed to the petitioner by the respondents, the respondents wrote to the Manager, Centralised Pension Processing Centre, State Bank of India, on 21 September 2016, thus:

“No.231849903377/1986359/A2 Diary No: PR316055349 Date:21/SEP/2016 To, THE MANAGER STATE BANK OF INDIA, CENTRALISED PENSION PROCESSING CENTRE CHANDINI CHOWK BRANCH PREMISES DELHI, 110006 SUB: REVISION OF PENSION OF PANDEY SHRI MC, HOLDER OF PPO NUMBER: 231849903377, AT BRANCH (0001076): STATE BANK OF INDIA, RK PURAM, NEW DELHI, DELHI, ACCOUNT NUMBER: AC:10932798958 Sir/Madam, An amendment letter No W023184160800348 DT: 06/JUN/2016 in respect of PPO mentioned above is forwarded herewith in original. The amount mentioned in this SSA may be verified from original documents for payments and modifications may be carried out in both the halves of the ppo arranged as under:

Date Of Birth (Pensioner): 08/11/1947 Pay Scale (31/12/2005):

12750-375-16500 Pay Band: 15600-39100 Grade Pay: Rs.7600/-

Last Pay Draw: NIL Qualifying Service (Y-M-D): 29-9-15 Name of spouse: PANDEY SMT JANKI Date Of Birth (Spouse):

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12/07/1950 Revised Pension (Per Month)

1. REVISED BASIC PENSION: Rs.19264/- W.E.F.

01/JAN/2006 (Rupees Nineteen Thousand Two Hundred Sixty Four Only)

2. REVISED PENSION COMMUTED: Rs. 3409/-

(Rupees Three Thousand Four Hundred Nine Only)

3. REVISED REDUCED PENSION: Rs.15855/- W.E.F.:

01/JAN/2006 (Rupees Fifteen Thousand Eight Hundred Fifty Five Only)

4. AMOUNT OF DIFFERENTIAL COMMUTATION PAYABLE: NO CHANGE

5. ADDITIONAL DEATH/RETIREMENT GRATUITY PAYABLE: NO CHANGE

6. ADDITIONAL PENSION (80 YEARS AND ABOVE): AS APPLICABLE

7. CONSTANT ATTENDANT ALLOWANCE: NIL

8. REVISED FAMILY PENSION AT ENHANCED RATE: Rs.19264/- FROM: To: 07/NOV/2011 (Rupees Nineteen Thousand Two Hundred Sixty Four Only) AT NORMAL RATE: Rs.12714/- FROM 08/NOV/2011 TO: TILL DEATH/REMARRIAGE (Rupees Twelve Thousand Seven Hundred Fourteen Only)

9.

Note:

(a) Reduced Pension as per col. 3 will take effect from the date CVP paid by PAO & differential commuted value is/was credited into the pensioner’s account by the bank. Commuted value of pension will be restored after 15 years from the date of credit by the Abnk or date of payment made by PAO.

(b) Pension/Provisional Pension, DA Relief etc., if paid may be adjusted suitably.

(c) D.R to be allowed as admissible from time to time for people who are not re-employed.

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