B.VENKATA RATNAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is challenging the proceedings dtd. 24/1/2007, whereby the respondents denied the extension of benefit of Judgment of the Court in earlier case to similarly placed persons.

(2.) The petitioner worked as Sepoy in the Indian Army and retired in the year 1980. After retirement from the Indian Army, the petitioner joined the respondent-department as a driver with effect from 31/1/1981, he retired as Sub Inspector on 31/10/2005. The petitioner was paid pension for the service rendered in the Army and the pension was enhanced twice on 1/1/1986 and 1/1/1996. While implementing the 4th pay commission, the enhanced pension was deducted on the ground that he did not opt for issuance of entire pension in terms of letter dtd. 13/12/1983.

(3.) Challenging the said recovery, several writ petitions were filed before the Hon'ble Supreme Court of India and the Hon'ble Supreme Court held that the recovery of pension was arbitrary and illegal. In this regard, the petitioner made representation to the 3rd respondent seeking refund of the amount an amount of Rs.1,07,616.00 recovered from the salary. The respondents issued the impugned proceedings on 24/1/2007 rejecting the request of the petitioner. Hence, the present writ petition seeking a direction to the respondents 2 to 4 to pay an amount of Rs.1,07,616.00 with interest at 12% per annum.