MD. ASLAM Vs. BANK OF INDIA

JUDGEMENT

(1.) I have heard Md. Abu Haidar, learned counsel appearing on behalf of the petitioner, Mr. Ajay Kumar Sinha, learned counsel, representing the Bank of India and Mr. Ramadhar Shekhar, learned Additional Standing Counsel for the Indian Railway.

(2.) The writ application has been filed seeking an order restraining the respondent from deducting/reducing the petitioner's pension. It is his case that his pension was fixed at Rs. 30,874/- but the Bank has arbitrarily reduced the amount from 30,874/- to 14,936/- from the month of August, 2019 without any valid reason. Facts pleaded in the writ petition are that the petitioner was appointed against a Class-IV post by the Railway and in course of time, he was promoted to the rank of Supervisor Grade-II and subsequently to the post of Junior Engineer Grade-II (Electrical). After attaining the age of superannuation he retired with effect from 30.04.2005, while working at Railway Unit (Electric), East Central Railway, Samastipur. The petitioner's pension was fixed at Rs. 10065/- and a pension payment order in this respect was issued on 11.07.2005. He was given benefit of pay revision; the petitioner's last pay was fixed at Rs. 6800/- in the pay scale of Rs.5000-50-8000; on the basis of 6th Pay Commission his pay was fixed at Rs. 16,850/- + dearness allowance in the pay scale of Rs. 9300-34800 + D.A, Grade Pay of Rs. 4200 + D.A; and thirdly the petitioner's total pay of Rs. 43600 + D.A. on the basis of 7 th Pay Commission. Accordingly, his pension was fixed at Rs. 21,800 + D.A. and basic pension was Rs. 29363 and commuted amount of Rs.2013/-. His pension was enhanced from time to time and he was getting pension at the rate of Rs. 30,874/- per month till July, 2019 when suddenly the Bank reduced crediting the aforesaid amount of monthly pension and reduced the same to Rs. 14,936/- with effect from 31.08.2019 without any information to the petitioner and without issuance of any notice to the petitioner. It is petitioner's further case that the Bank did not respond to the request made by the petitioner to disclose the reason why the amount of pension was suddenly reduced.

(3.) A counter affidavit has been filed on behalf of the Bank, wherein it has been stated that the petitioner's average emolument for determining pension was calculated as Rs. 10,065/- and accordingly, he was entitled for pension at the rate of Rs. 5,033/- per month. He had commuted some portion of pension ( Rs, 2013). Accordingly, he was entitled for reduced basic pension at the rate of Rs. 3,020/- per month. Subsequently, in the light of revision in view of 6th Central Pay Commission recommendations the petitioner's pay was revised as Rs.7583/- with effect from 01.01.2016. The petitioner was accordingly to be paid pension at the rate of Rs. 5,570/- per month after deducting commuted value of pension at the rate of Rs. 2,013/-.