Central Administrative Tribunal - Bangalore
K Rangaswamy vs South Western Railway on 13 December, 2017
1 OA.956/2016/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE
ORIGINAL APPLICATION NO. 170/00956/2016
DATED THIS THE 13TH DAY OF DECEMBER, 2017
HON'BLE DR. K.B. SURESH, MEMBER(J)
HON'BLE SHRI P.K. PRADHAN, MEMBER(A)
K. Rangaswamy
S/o K. Rangaiah
aged about 69 years
retired as Chief Controller
South Western Railway
Hubli Division
Hubli. ...Applicant
(By Advocate Shri Izzhar Ahmed)
Vs.
1. Senior Divisional Personnel Officer
(Personnel Branch)
South Western Railway
Hubli Division
Hubli.
2. Senior Divisional Finance Manager
(Account Department)
South Western Railway
Hubli Division
Hubli.
3. Union of India,
through the General Manager,
South Western Railway
Gadag Road
Hubli. ....Respondents
(By Advocate: Shri N. Amaresh, Standing Counsel for Railways)
O R D E R (ORAL)
HON'BLE DR K.B. SURESH, MEMBER(J) Heard. Since in the family pension recorded in part 3(b) and 2 OA.956/2016/CAT/BANGALORE part 3 (c) indicate that the applicant is not eligible for Fixed Medical Allowance, as he has already opted for RELHS and got it also. The action of the respondents in recovering the Fixed Medical Allowance which was wrongly paid to him is justified. At the same time he has produced Annexure A-26 No.A/PN/HQ/PN/24 dated 07.03.2011 issued by the FA &CAO indicating that if there is an infirmity in the records, like PPO, it can be sought to be corrected. It is only inclusive clause so that the applicant can represent for correction of PPO if any defect is there.
2. Now the applicant submits that he resides about 5 kms from the Railway Hospital. Therefore he need to be put in the category of Fixed Medical Allowance recipient. That can be considered in terms of RELHS option he had already given and considered by the Board's guidelines. He is permitted to file a representation and appropriate decision can be taken within 2 months. Other benefits sought for in the OA cannot be granted.
3. At this point Shri Izzhar Ahmed further reports that he may be allowed for recouping of the recovery allowed. Because he was at that point was already managed under RELHS only, therefore, recovery is correct.
4. OA is disposed of. No order as to costs.
(P.K. PRADHAN) (DR. K.B. SURESH)
MEMBER(A) MEMBER(J)
vmr
3 OA.956/2016/CAT/BANGALORE
ANNEXURES referred to by the applicant in OA. No.956/2016 Annexure-A1: Copy of pension order dated 18.07.2008 Annexure-A2: Copy of revised undertaking form Annexure-A3: Copy of statement of Recovery Annexure-A4: Copy of representation dated 18.01.2016 Annexure-A5: Copy of representation dated 11.04.2016 Annexure-A6: Copy of representation dated 02.05.2016 Annexure-A7: Copy of information under RTI dated 16.05.2016 Annexure-A8: Copy of Railway Board's letter dated 21.04.1999 Annexure-A9: Copy of Railway Board's letter dated 19.05.1999 Annexure-A10: Copy of Railway Board's letter dated 01.03.2004 Annexure-A11: Copy of Railway Board's letter dated 18.10.2004 Annexure-A12: Copy of Railway Board's letter dated 12.10.2006 Annexure-A13: Copy of Railway Board's letter dated 24.07.2007 Annexure-A14: Copy of Railway Board's letter dated 07.02.2008 Annexure-A15: Copy of Railway Board's letter dated 15.09.2009 Annexure-A16: Copy of Railway Board's letter dated 07.06.2011 Annexure-A17: Copy of Railway Board's letter dated 26.08.2011 Annexure-A18: Copy of Railway Board's letter dated 02.11.2012 Annexure-A19: Copy of DoP&T's O.M dated 19.11.2014 Annexure-A20: Copy of Railway Board's letter dated 11.02.2014 Annexure-A21: Copy of Railway Board's letter dated 19.12.2014 Annexure-A22: Copy of Railway Board's letter dated 22.06.2016 Annexure-A23: Copy of DoP&T's O.M dated 06.02.2014 Annexure-A24: Copy of DoP&T's O.M dated 02.03.2016 Annexure-A25: Copy of circular of Reserve Bank of India dated 17.03.2016 Annexures referred to by the Respondents in the Reply Statement Annexure-R1: Copy of the undertaking and option form submitted by the applicant on 23.06.2008 Annexure-R2: Copy of working sheet for calculation of the pensionary benefits showing the recovery towards RELHS Annexures with Rejoinder Annexure-Re-26: Copy of guidelines dated 07.03.2011 Annexure-Re-27: Copy of Schedule of Powers - 2013 Annexure-Re-28: Copy of Rule-89 of Pension Manual - 1993.
Annexures with MA for recalling the order Annexure-MA-R1: Copy of Railway Board letter dated 26.09.2017 Annexure-MA-R2: Copy of Letter No. A/PN/HQ/Bank insp/12 dated 22.09.2015 .....
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