Central Administrative Tribunal - Mumbai
Ashalata Shridhar Tawate vs M/O Finance on 4 August, 2017
1 OA No. 243/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.243/2016
Dated this Friday the 4th day of August, 2017
CORAM: HON'BLE DR.MRUTYUNJAY SARANGI, MEMBER (A)
HON'BLE SHRI A.J. ROHEE, MEMBER (J)
Ashalata Shridhar Tawate,
Last employed at Overseas
Communication Services,
Dept. of Telecommunications,
Govt. of India.
Videsh Sanchar Bhavan, 3rd Floor,
Fort, Mumbai 400 001.
R/at Kendriya Vihar, Bldg.No.B-6,
Flat No.2, Sector-11, Kharghar,
Navi Mumbai 410 210. ... Applicant
(By Advocate Shri S.A. Tawate )
Versus
1. The Union of India, through
The Accounts Officer (PFP),
Dept. of Telecommunications,
20, Ashoka Road, Sanchar Bhavan,
New Delhi 110 001.
2. Pay & Accounts Officer,
Central Pension Accounting Office,
Govt. of India, Trikoot-II, Bhikaji
Cama Place, New Delhi 110 001.
3. Branch Manager,
Bank of Maharashtra,
Central Pension Processing Cell
1177, Budhwar Peth, Bajirao Road,
Pune - 411 002.
4. Branch Manager,
Bank of Maharashtra,
D.P. Road Branch, Navin Asha
Co-op. Housing Society Ltd.,
Dadasaheb Phalke Road,
Dadar (E), Mumbai 400 014.
2 OA No. 243/2016
5. Accounts Officer (Pension)
Dept. of Telecommunications,
O/o Controller of Communication
Accounts, Maharashtra Circle,
2nd Floor, Old CTO Building,
Fort, Mumbai 400 001. ... Respondents
(By Advocate Shri N.K. Rajpurohit )
ORDER
Per : Dr. Mrutyunjay Sarangi, Member (A)
The Applicant retired from the office of the Overseas Communication Services, Government of India, Mumbai Branch under the Department of Telecommunications on 01.01.1990. On 02.01.2005 she completed 15 years from the date of retirement and one-third pension of Rs.425/- out of the Basic Pension of Rs.1275/- was restored to her along with Dearness relief. On 06.09.2007 the department of Pensions issued OM No.4/79/2006-P&PW(D) for revision of the one third restored pension as per the judgment of the Hon'ble Andhra Pradesh High Court/Hon'ble Supreme Court. On 26.02.2008 the Respondent No.1 revised the one third restored pension of the applicant to Rs.930/- w.e.f. 02.01.2005 in terms of the above-mentioned OM dated 06.09.2007. The Applicant's pension was re-fixed at Rs.930/- w.e.f. 02.01.2005. On 02.09.2008 the department of Pensions in OM No.38/37/08-P&PW(A) fixed the minimum pension at Rs.3500/-. On 15.09.2008 the 3 OA No. 243/2016 department of Pensions issued OM No.4/38/2008- P&PW(D) directed further revision of one third restored pension on the recommendation of the 6 th Pay Commission and accordingly on 28.12.2010 the Respondent No.4 fixed the one third restored pension at Rs.2537/-. However, on 19.10.2011 the Respondent No.1 again reduced the pension of the applicant from Rs.2537/- to Rs.2033/-. The Applicant made several representations. However, from 30.11.2014 the Respondent No.4 started recovery of Rs.1800/- p.m. from the pension of the applicant which is to be continued for 37 months. Aggrieved by this, the applicant has filed this OA praying for the following reliefs:-
8(a) This Hon'ble Tribunal be pleased to call for the records and proceedings of the case from the respondents and after examining the legality and propriety thereof quash and set aside the following impugned erroneous pension Authorisations/decisions contained in the letters issued by the respondents:-
(i) Letter No.CPAO/VSNL/1/3rd restoration th pension/Grievance Cell dated the 19 March, 2015 being Annexure "A-1" herein.
(ii) Pension Authorisation No. PRP/VSNL/1/3 RESTORATION/1600/1301/PRE-06/R-75, dated 15 th January, 2014, being Annexure "A-2" herein issued by the Respondent No.1.
(ii) Revision Authority No.77101603748/ rd 1538704/A4 dated 3 February, 2014, issued by the Respondent No.2, being Annexure "A-3" herein.
(iii) Letter No.CPAO/A-2/GC/2014/ML/VOL-
XX/1943GRV1443591, dated the 17 th September, 2014, issued by the Respondent No.2 being Annexure "A-4"
herein.4 OA No. 243/2016
(iv) Letter No.15/CP/Tawte/02/2014-15 dated 18 th November, 2014, issued by the Respondent No.4, being Annexure "A-5""herein.
8(b) This Hon'ble Tribunal be pleased to direct/order the respondents to fix the one third restored pension of the applicant as per the provisions of the OM No.4/79/2006-P&PW(D) dated 6 th September, 2007 and OM No.4/38/2008-P&PW(D) dated 15th September, 2008 read with OM No.A/4/30/2010-P&PW(D) dated 11th July, 2013, at Rs.2537/-
8(c) This Hon'ble Tribunal be pleased to direct/order the Respondent No.4 to refund the recovery of Rs.1800/- made by him per month from the pension of the applicant, from the month of November, 2014 till date, upto which he continues recovery, to the applicant.
8(d) The Respondents be ordered and directed to restore the remaining two third basic pension of the applicant, in addition to the one third already restored with effect from 2nd January, 2005 and pay the arrears on that account for the period upto 31 st December, 2005;
8(e) The Respondent be ordered and directed fix the whole Basic Pension of the applicant @ 50% of the minimum of the pay in the pay band and the grade pay corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction with effect from 1st January, 2006, as per provisions of 6 th Pay Commission, grant and pay the (Back wages) arrears of difference of Basic Pension, Dearness Reliefs and all consequential benefits, after deducting payments already made.
(e) The Respondents be ordered and directed to pay interest @12% per annum from the date of the Revised Pensions having become due and payable till the actual date of payments.
(f) Any further and other orders/reliefs as the circumstances of the case may require be passed/granted.
f) Cost of the application be provided for." 5 OA No. 243/2016
2. Although the OA has gone through the process of successive pleadings by the applicant and the respondents, the matter was mentioned by the learned counsel for the respondents on 28.07.2017 bringing to our attention the latest OM dated 23.06.2017 passed by the DOPT restoring the full pension to the category of retirees similar to the applicant following the judgment dated 01.09.2016 of the Hon'ble Supreme Court in Civil Appeal No.6048/2010 and Civil Appeal No.6371/2010. Learned counsel for the respondents also filed an additional affidavit-in-reply dated 01.08.2017 enclosing the copy of the OM No.F.No.4/34/2002-P&PW(D).Vol.II dated 23.06.2017. The matter was briefly argued by both the learned counsels but from the arguments by both the learned counsels it is clear that the OM dated 23.06.2017 squarely meets the requirement of the present case. The OM has been issued after the matter of restoration of full pension of "absorbee pensioners" was taken to the Hon'ble Supreme Court and attained finality in view of the decision of the Hon'ble Apex Court in Civil Appeal No.6048/2010 and Civil Appeal No.6371/2010. Paras 8 and 9 of the above- mentioned OM reads as follows:
6 OA No. 243/2016
"8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02.08.2007 of the Hon'ble Madras High Court and the order dated 01.09.2016 of the Hon'ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump- sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.
9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission."
3. The Applicant being an absorbee pensioner, since she quit the Overseas Communication Services of the Department of Telecommunications and joined the Videsh Sanchar Nigam in January 1990, her case is covered by the judgment of the Hon'ble Supreme Court and the OM dated 23.06.2017.
4. In view of the above, the following directions are issued to the Respondents;
(i) The Respondent No.1 is directed to restore the full pension to the applicant w.e.f 02.01.2005 on which date she completed 15 years from the date of retirement in accordance with 7 OA No. 243/2016 para 8 of the OM dated 23.06.2017.
(ii) The Respondent No.1 is also directed to give the benefit of revision of pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7 th Pay Commission as per para 9 of the OM dated 23.06.2017.
(iii) The Respondent No.1 shall refund the recoveries already done from the pension of the applicant after 30.11.2014 with an interest @ 9% p.a. on the recovered amount.
(iv) The above action of the Respondent No.1 should be completed within a period of eight weeks from the date of receipt of this order.
5. In view of the OM dated 23.06.2017, para 8(a)(i),(ii),(iii), (iv) and 8(b) of the prayer clause in the OA have become redundant. The Original Application is partly allowed to the extent of directions contained in para 4 above.
(A.J. Rohee) (Dr. Mrutyunjay Sarangi) Member (J) Member (A) dm.