UNION OF INDIA Vs. G.BALAKRISHNA PILLAI

JUDGEMENT

(1.) Ext.P4 order passed by the CAT in O.A.No.271 of 2016 is under challenge at the instance of the respondents in the O.A. The grievance is with regard to the interception made by the Tribunal with the right of recovery, in respect of erroneous fixation of pension and payment effected by the petitioners herein.

(2.) According to the petitioners, the respondent/applicant, who was serving as a Sub Postmaster at Kalluvathikkal Post Office, retired from the service on attaining the age of superannuation on 30.11.2005. It is stated that pay fixation was effected in the relevant scale, also granting the benefit under the BCR giving fixation at appropriate levels. Pursuant to implementation of recommendation of the 6th Central Pay Commission, the pension of the applicant came to be re-fixed as Rs.6997/- in the scale of pay of Rs.5500-9000/-, which according to the petitioners was an erroneous exercise, in so far as it should have been effected in the Scale of Pay of Rs.5000-8000/-.

(3.) It is borne out by the records that the respondent applicant had approached the Tribunal earlier, by filing O.A.No.664 of 2014, seeking for issuance of revised PPO (Pension Payment Order)contending that he was entitled to get full pension without any pro-rata deduction. Reliance was also sought to be placed on the verdict passed by the Tribunal in identical cases. It was accordingly, that the O.A. was allowed.