S.S. GURAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an old pensioner with 33 years of service to his credit as a Commissioned Officer in the rank of Major under Government of India, Ministry of Finance and Ministry of Defence respectively. Before he retired from service on 31/10/1985, he had served in a Civil Department, in the Army and lastly in the NCC. He was sanctioned pension by the PCDA Allahabad vide PPO No.2141/1985. He withdraws his pension entitlements from respondent No.3 - Punjab National Bank, Jagadhri (Haryana). Almost 30 years after retirement, without prior notice, the Bank fell on him by starting to make recoveries @ Rs. 10,000.00 per month from the account of pensioner on some alleged over payment of pension. The monthly pension suddenly dropped from Rs. 43,692/- to Rs. 25,087/- in October, 2014, which the petitioner laments has disturbed his monthly budget and caused undue harassment to him and his family. Against this arbitrary action of the Bank, the petitioner has approached this Court.

(2.) After notice of motion was issued, the Union of India filed an application in this Court for remitting the case to the Armed Forces Tribunal but on second thoughts withdrew the application on 16.09.2016 and in these circumstances, notice was issued to the Punjab National Bank - respondent No.3 and was directed to file reply by interim order.

(3.) The Bank has filed its reply but no defence whatsoever has been offered except to say that the pension of the petitioner was not correctly fixed and therefore, fresh calculation was required to be made and that the pension actually payable to the petitioner was Rs. 33,900/- instead of Rs. 39,323/-, the details of which have been worked out and tabulated in the reply.