S. SUBRAMANYESWARA RAO Vs. CHIEF MANAGER, SYNDICATE BANK

JUDGEMENT

(1.) THE petitioner, a 70 -year -old pensioner, is facing all sorts of difficulties to get his monthly pension released and credited to his bank account. It appears, the petitioner was employed with the South Central Railways and after having rendered 28 years of service, opted for voluntary retirement with effect from 16.10.1991. The 3rd respondent Divisional Railway Manager (Broad Gauge), South Central Railways, Secunderabad, who is the competent authority to sanction the post -terminal benefits, including monthly pension, has sanctioned the same. The petitioner was also furnished Pension Payment Order bearing PPO No. 59022104367. To avoid hardships to the pensioners from going around the Pension Payment Offices, on monthly basis, direct credit scheme to the bank accounts of the pensioners is introduced. The pensioner is required to open a savings bank account with any of the nationalized/scheduled banks and furnish the number of the said account to the Pension Disbursement Officers, so that each month, the pension shall be credited by way of transfer to the said account thus, facilitating the pensioner to draw money as and when required by him. It appears, the petitioner has opened one such SB account with the Syndicate Bank at its Rail Nilayam Branch

(2.) THE petitioners problems started from there onwards. He took up the matter with the bank. Except stating that he has not submitted the life certificate, which is so essentially needed for him to secure credit of the monthly pension, the 1st respondent bank has not helped the cause of the petitioner. Though the bank seems to have addressed the FA & CAO for retransmission of the amount of Rs.2,60,131/ -, FA & CAO, South Central Railways has raised an objection that if a pensioner does not furnish the life certificate every year, disbursement of pension will be stopped automatically, but however, without noticing the fact that the petitioner has not submitted the life certificate, the bank has continued to draw and credit the monthly pension to the SB account of the petitioner each month. That is an error committed by the bank, is the opinion expressed by the FA & CAO. Learned counsel for the petitioner, quite vociferously, would submit that without furnishing the life certificate to the bank, the question of securing credit of the pension amount each month would not arise at all. Obviously, the 1st respondent Syndicate Bank has committed a grave error in not properly forwarding the life certificates made available by the petitioner to the FA & CAO each year. All because of the fault of the 1st respondent bank, the FA & CAO has resorted to an extreme step of securing recovery of money from the bank account of the writ petitioner without there being any authorization from him. The learned counsel for the petitioner would submit that this is a grossly unjust act on behalf of the Syndicate Bank in debiting his account in a huge sum of money all because the said money is available in his account. In substance, it is urged that without there being any authorization from the petitioner, the bank should not have retransmitted the said money to FA & CAO.

(3.) HOWEVER , the Indian Railways cannot disown its obligation to pay pension to its servants so long as grant of monthly pension is regulated by a statutorily enforceable scheme. The moment monthly pension is sanctioned to a retired servant, its disbursement is hedged by two conditions: 1) the pensioner should be alive for him to legitimately claim and receive the pension each month; and 2) he should maintain good conduct all through. In the absence of any adverse material brought to the notice of the Pension Sanctioning Authority, about the improper conduct of a pensioner, there is no way the disbursement of the monthly pension to a pensioner can be withheld as long as he is alive. For the purpose of assuredly knowing that the pensioner is alive, as a safety measure, life certificates are obtained annually from the pensioners. Strange it might look that a person has to come forward and demonstrate that he is still alive to receive the pension, but however, I refrain to pronounce any opinion as to whether any better method could have been devised by the Pension Payment Authorities than insisting upon securing annually the life certificate from the pensioners. It is time that the Pension Payment Authorities should fall back upon some other secure biometric mechanism by which a pensioner can furnish and update his biometric index periodically. That, perhaps, would obviate the need to furnish life certificates annually. Anyway, I am sure the Pension Payment Authorities will spare appropriate consideration in that regard.