DASHRATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Dashrath Singh, has filed this writ petition under Article 226 of the Constitution seeking writ of mandamus commanding respondent No. 3 to pay arrears of pension and to comply with the order dated 5.1.2009 passed by respondent No. 2. Facts in brief, giving rise to the present dispute, are as under.

(2.) Petitioner retired from defence service on 31.5.1995 and his pension was determined at the rate of Rs. 375/- per month with effect from 1.6.1995. The pension payment order dated 13.12.1995 shows that pension with effect from 1.6.1995 was determined at enhanced rate of Rs. 425/- upto 31 May, 2000 whereafter it was payable at normal rate, i.e. Rs. 375/- per month. The gratuity was also determined at Rs. 27630/-. The aforesaid pension was paid to petitioner upto 30.6.1999. The system of payment of pension is that it is directly credited in petitioner's Bank account by Pension Disbursing Authority, i.e. Union Bank of India, Mirzabad, Ghazipur. No pension was credited to petitioner's account from 1.7.1999 and onwards. Despite petitioner's several letters, none responded to his request. Hence, this writ petition.

(3.) This Court required the respondents to disclose reasons, why regular pension has not been paid to the petitioner and who is the person responsible for such extraordinary denial and delay and what action has been taken against such person. This order was passed on 9.11.2009 in the presence of respondents' counsel Ms. Shiksha Dixit, Advocate, who had put in appearance on behalf of respondent No. 2. None responded even thereafter. In the circumstances, this Court passed an order on 14.12.2009 to the following effect.