Central Administrative Tribunal - Ahmedabad
Nareshkumar J Patel vs Posts on 4 January, 2022
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BENCH, AHMEDABAD.
OA No.485/2021
This the 04th day of January, 2022
CORAM :
Hon'ble Shri Jayesh V. Bhairavia, Judicial Member
Hon'ble Shri A.K.Debuy, Administrative Member
Shri Nareshkumar J. Patel
S/o. Jerambhai Patel
Aged 60 years
Retired as PA (TBOP) Bardoli HO
R/o. Sankalp Nagar Society, M.G.Road,
Bardoli 394 601. ........ .......................... Applicant
(By Advocate : Ms. S.S.Chaturvedi)
VERSUS
1. Union of India
Notice to be served through
Chief Postmaster General
Khanpur, Ahmedabad 380 001.
2. Superintendent of POs
Bardoli Division, Bardoli - 394 601.
3. Account Officer (Postal Account)
Pension Section
1st Floor, GPO Building
Ahmedabad- 380 001. .......................... Respondents
O R D E R - ORAL
Per : Hon'ble Shri J.V. Bhairavia, Member (J)
In the present OA, counsel for the applicant, Ms. S.S.Chaturvedi submits that the applicant was voluntary retired on 01.02.2005 from the post of Postal Assistant (TBOP) Bardoli H.O., South Gujarat. The -2- OA/485/2021 CAT, Ahmedabad Bench respondents issued revised PPO as per the 6th CPC and fixed the applicant's pay at Rs.8438/- and amount of pension was fixed at Rs. 5202/-. Thereafter, the applicant received revised PPO as per the 7th CPC on 23.11.2017 wherein he came to know that applicant's salary / pay was fixed at Rs.13370/- w.e.f. 01.01.2016 and pension was fixed at Rs.5202/- instead of 50% of pay i.e. Rs.6685/-. Subsequently, the respondents issued corrigendum PPO dated 05.02. 2018 and applicant's pension was fixed at Rs.5020/- to Rs.5585/-.
2. The applicant submitted representation on 03.03.2018 and 15.6.2020 claimed arrears of pension of 6th CPC. However, the same has not been considered till date. It is the grievance of the applicant that the respondents had fixed his pay at Rs.13370/-. Therefore, the applicant is entitled for pension to be fixed half i.e. 50% of his last pay, but the respondents failed to consider the same till date. The case of the applicant was taken up before Pension Adalat. However, the grievance of the applicant was not been examined properly and the same was rejected. Hence, this OA.
3. Counsel for the applicant submits that calculation mistake committed by the respondents in deciding the correct amount of pension payable to the applicant and his case has not been examined by the respondents in its true spirit.
4. Considering the aforesaid submission of the counsel of the applicant and perused the material on record, we deemed it fit to -3- OA/485/2021 CAT, Ahmedabad Bench dispose of the OA at admission stage with a direction to the respondent Nos.2 & 3 to re-examine the claim of the applicant and consider the pending representation dated 15.6.2020, as also additional documents/ representation to be submitted by the applicant and take appropriate decision as per ready reckoner given in 6th CPC by way of speaking order within sixty days from the date of receipt of a copy of this order and intimate the decision to the applicant. We made it clear that we have not expressed any opinion on the merit of the case.
5. In view of the above, the OA stands disposed of. No order as to costs.
(A.K.Dubey) (J.V.Bhairavia) Member (A) Member (J) nk