RAJENDRA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner has preferred the present petition to assail the order dated 15th February, 2016 passed by in O.A. 2553/2014 and the order dated 19th April, 2016 passed in Review Application No. 82/2016 in the aforesaid application by the Central Administrative Tribunal (hereinafter referred to as 'Tribunal'). The Tribunal has dismissed the Petitioner's said Original Application as well as the Review Application by impugned orders.

(2.) The petitioner, who retired as a Member of the Income Tax Appellate Tribunal (ITAT) on 24th April, 1987, has been receiving pension. As per the recommendation of the Sixth Central Pay Commission (VIth CPC), the Government revised the pay scale of Member, ITAT to Rs. 75,500-80,000/- with effect from 01.01.2006. Accordingly, the monthly pension of the Petitioner was fixed at Rs. 37,750/- i.e. 50% of the minimum of the pay-scale w.e.f. 1st January, 2006. In June, 2011, he received an undated letter from the Pay and Account Officer of Ministry of Law and Justice, Department of Legal Affairs, addressed to Pay and Account Officer, Central Pension Accounting Officer, New Delhi, reducing his monthly pension from Rs. 37,500/- to Rs. 33,500/-. Consequently, an amount of Rs. 3,52,386/- was sought to be recovered from the petitioner as excess pension, paid to him since 1st January, 2006. The petitioner sought restoration of his pension, as earlier fixed, at Rs. 37,750/- and for refund of the amount recovered from him in the aforesaid O.A., but without success.

(3.) Before the Tribunal, the petitioner had placed reliance on several earlier decisions rendered by the Tribunal in other cases, namely, O. Anandaram v. Pay and Accounts Officer and others, O.A. No. 759 of 2011, decided by Madras Bench on 26.2012; B.V. Venkataramaiah v. Pay and Accounts Officer and others, O.A. No. 517 of 2012, decided by Bangalore Bench on 14.2.2013; Shri Prakash Narain v. Secretary, Department of Personnel and others, O.A. No. 1715 of 2013, decided by Principal Bench on 25.2013; Shri Bhaiyaji Gupta v. Union of India through Secretary, Department of Personnel and others, OA No. 2374 of 2014, decided by Principal Bench on 18.7.2014 and Central Government SAG (S-29) Pensioners Association through its Secretary v. Union of India and another, OA No. 655 of 2010, decided by Full Bench of the Tribunal on 1.11.2011. In all these cases, the original applicants had been granted similar relief and the decisions of the Tribunal had been implemented by the Department without challenge.