Central Administrative Tribunal - Jabalpur
Chhotey Khan vs West Central Railway on 19 December, 2023
1 O.A.No200/897/2021
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00897/2021
Jabalpur, this Tuesday, the 19th day of December, 2023
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Chhotey Khan S/o Late Shri Hussain Khan Ex Dy. Station Master
Nishatpura, Bhopal Date of retirement 30.06.2005, Age about 76
years, (DOB 15.06.1945), resident of own house, Hospital Road
Near Reja Dharam Shala, Gulabganj, District Vidisha Pincode
464220, Mobile No. 8827839190 Senior Citizen -Applicant
(By Advocate -Shri Suresh Kumar Dagor)
Versus
1. Union of India through General manager,
West Central Railway Indira Market Jabalpur 482001
2. Principle Chief Personnel Officer, General Manager
Office Old Building West Central Railway Indira Market
Jabalpur 482001
3. Principal Chief Financial Advisor, General Manager
Office, Old Building West Central Railway Indira Market
Jabalpur 482001
4. Divisional Railway Manager, Divisional Railway Manager
Office, Near Habibganj Railway Station Habibganj Bhopal
Pincode 462016
5. Sr. Divisional Finance Manager, DRM Office,Near Habibganj
Railway Station, Habibganj Bhopal Pincode 462016
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6. Sr. Divisional Personnel Officer, DRM Office Near Habibganj
Railway Station, Habibganj Bhopal Pincode 462016
7. AGM SBI CPPC, Behind working women hostel premises
Govindpura Bhopal 462011
8. Manager SBI, Gulabganj Branch, Near Dharmshala
Hospital Road, Dist Vidisha 464220 -Respondents
(By Advocate -Shri A.P.Khare for official respondents
& Shri Vijay Tripathi for respondent/Bank)
(Date of reserving the order:-20.11.2023)
ORDER
By Kumar Rajesh Chandra, AM:-
This Original Application is being directed against the order dated 17.02.2020, whereby single installment recovery of Rs. 61280/- made by the Pension Disbursing Authority from applicant's pension has been issued, by which they have denied the payment of fixed medical allowance to the applicant on the ground that the one time subscription under Retired Employee Liberalised Health Scheme has not been deducted from applicant's account.
2. The facts of the case are that the applicant has retired from Railway service on 30.06.2005 and at the time of retirement of applicant in 2005 the joining of RELHS scheme was optional as pre provision of Railway Board letter dated 23.10.1997 and Page 2 of 7 3 O.A.No200/897/2021 applicant had decided not to join RELHS Scheme. From 2012 this medical scheme had been made mandatory to all retiring Railway Employees. A number of Railway employees retired between the years 1997 to 2012 who had not joined the RELHS Schemes and are surviving as pensioners not opted for the RELHS scheme and the applicant is one of them. The applicant is fulfilling all the norms and conditions required for monthly payment of FMA (Fixed Medical Allowance) because he has opted at time of retirement on 30.06.2005 for the same and he has not opted to take OPD treatment from Nishatpura Railway Hospital Bhopal as per provision of Railway Board letter dated 21.04.1999. The PFA Jabalpur and Sr. DFM Bhopal with clear understanding with PDA has made payment of FMA to the applicant from 01.07.2005 to 03.02.2020. Suddenly without considering the relevant rules of FMA and RELHS scheme and behind the back of the applicant, respondents wrongly issued order dated 03.02.2020 to AGM SBI, CPPC behind working Mahila Hostel Bhopal M.P. for making recovery of amount of Rs. 59280/- from the pension account of applicant. After 07 months on continuous personal chasing written Page 3 of 7 4 O.A.No200/897/2021 communication was made to the applicant vide letter dated 14.09.2020 stating that FMA is not payable because he is not a member of RELHS scheme. The applicant has made representation dated 06.08.2020 and 25.01.2020, which is still pending consideration and single installment recovery of Rs. 61280/- on 17.02.2020 was made by pension Disbursing Authority from applicant's Pension account.
3. Per contra, learned counsel for the respondents Nos. 1, 2, 4 & 6 have contested the claim of the applicant by filing reply wherein they have stated that the on the basis of applicant's PPO the applicant is not entitled for payment of Fixed Medical Allowance of Rs. 100/-, the same has endorsed in PPO of applicant. Therefore, the recovery of over payment of Fixed Medical Allowance up to November 2019 for amount Rs. 59,280/- against the applicant was concluded by FA&CAO (Pension) WCR, Jabalpur. For ensuring deduction, the Assistant General Manager, SBI has also been informed by FA&CAO (Pension) vide letter dated 03.02.2020. It is further submitted by the respondents that the applicant has also been informed by the Railway Page 4 of 7 5 O.A.No200/897/2021 Administration that the amount of RELHS was not deducted from applicant hence he is not entitled for payment of FMA.
4. Learned counsel for respondents Nos. 7 & 8 have also filed the reply wherein they have stated that the applicant retired from service on 30.06.2005 and at the time of his retirement the RELHS scheme was optional as per the provisions of Railway Board letter dated 23.10.1997. The respondents further submitted that the railway has written a letter dated 03.02.2020 to the respondent NO. 7 wherein it has been mentioned that as per the PPO, the applicant is not entitled to get Medical Allowance and it has been mentioned in the PPO that the pensioner is not eligible for medical allowance. The applicant has wrongly received medical allowance upto November 2019 and he has been paid Rs. 59280/- excess that is entitled. The railway has further instructed the bank to make recovery of Rs. 59,280/- from the applicant. It is further submitted by respondents Nos. 7 & 8 that bank is pension disbursing authority and not pension sanctioning authority, therefore, bank has followed the instructions of pension sanctioning authority. Page 5 of 7
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5. The applicant has also filed the rejoinder to the reply, wherein he reiterated its earlier stand as taken in the O.A.
6. We have heard the learned counsel for both the sides and have gone through the pleadings and the documents annexed therewith.
7. From the record it is clear that the RELHS scheme was introduced in the Railway in the year 1997 vide letter dated 23.10.1997 but joining the scheme has been kept optional to all retiring employees since introduction of the scheme. Subsequently, in the 2012 RELHS-97 scheme has been made mandatory for all retiring railway personnel without any exit clause whatsoever. From this, it is clear that RELHS scheme was optional to all retiring employees from the year 1997 to May 2012 and became mandatory to all retiring employees from May 2012 onwards.
8. Here in this case, the applicant had retired on 30.06.2005 and joining RELHS-97 scheme is not mandatory for him as per provision of the said rules. Therefore denial of monthly payment of FMA to applicant on this count that he is not a member of RELHS- 97 scheme as per their letters dated 14.09.2020 and 11.09.2020 is Page 6 of 7 7 O.A.No200/897/2021 not at all in conformity with the rules and clarifications issued by Railway Board. The very important factor in this case is that the applicant had been retired from Railway service on 30.06.2005 well before issuance of this direction on 26.08.2011. Therefore, the applicant is also eligible for the said scheme.
9. Accordingly, the Original Application is allowed. The impugned recovery order dated 03.02.2020 (Annexure A-1) is quashed and set aside. The respondents are directed to pay back the recovered amount of Rs. 61280/- in one installment with interest at the G.P.F. rate and also issue direction to PDA, State Bank of India, Branch Gulabganj to repay the arrear of FMA from February 2020 to the date of order. It is further directed that the payment of FMA be made to the applicant every month on regular basis in his pension account.
10. The said exercise be completed within a period of 90 days from the date of receipt of a certified copy of this order. No costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
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