Dilip Gupta, J. - (1.) THE Petitioner has appeared in person and has made submission for claiming relief No. (iii) in the writ Petition which is as follows: Necessary payment of long outstanding arrears dues, gratuity CPV and difference of CPV owing to increased pension rate from Rs. 908/ - to Rs. 2715/ -, 2908/ - to Rs. 3109/ - corrigendum PPO No. C/Corr/Fys/06250/98, C/Covr/Fy/99/6/99, C/Corr/Fy/10293/ AOII in original PPO No. C/Fy/12066/96 together with confessed amount Rs. 23688/ - not paid (Annexure No. 14 on page 40) and monthly pension difference calculation sheet (Annexure No. 47) duly verified by the Authorities Head of Office, G.M. SAFY Kanpur, C.D.A. (Pension) Allahabad Respondent No. 2.
(2.) IT transpires from the records of the writ Petition that while the Petitioner was working in the Small Arms Factory, Kanpur Nagar punishment of reduction of pay at two stages with cumulative effect for a period of two years was imposed upon the Petitioner by the order dated 3rd July, 1991. This order was challenged by the Petitioner before the Central Administrative Tribunal by filing Original Application No. 1211 of 1991 which was rejected on 4th July, 1997. These orders were assailed by the Petitioner in Writ Petition No. 37134 of 1997 which was allowed by the judgment and order dated 1st October, 2002 and the Respondents were directed to pay arrears of salary to the Petitioner and the difference of other retiral benefits which would be payable to him along with simple interest at the rate of 9%. The Department, therefore, by the order dated 27th December, 2002 cancelled the order dated 3rd July, 1991 and by the order dated 4th July, 2003 re -fixed the pay at Rs. 6200/ - on 1st January, 1996 and Rs. 6350/ - on 1st June, 1996. Since the Petitioner had retired on 31st August, 1996, his case was forwarded to the Principal Controller of the Defence Accounts (Pension), Allahabad for revision of pension. A revised order was issued authorising enhancement of pension to the Pension Disbursing Authority i.e. Central Bank of India for calculating and crediting the amount to the account of the Petitioner accordingly. In accordance with the Pension Payment Order as amended from time to time, Capitalized Value of Pension (CVP) and Gratuity were credited to the account of the Petitioner by the Central Bank of India as Pension Disbursing Authority. The Central Bank of India, however, found that Rs. 17990/ - had been paid to the Petitioner in excess which was recovered by the Bank. It is, however, the case of the Small Arms Factory, Kanpur that due to non -receipt of intimation regarding the amount of arrears or terminal benefits due to the Petitioner from the Principal Controller of the Defence Accounts (Pension) Allahabad, it has not been able to make payment of 9% interest on the increase in pension and terminal benefits. The Petitioner felt aggrieved by the fixation of his pension and filed Writ Petition No. 26309 of 2008 which was disposed of by the judgment and order dated 20th November, 2008 with the following observations: The controversy raised in the Petition, as culled out with great difficulty is, that the Petitioner was a civilian employee working in the Pension Cell of the Arms Factory, Kanpur and retired in the year 1996. The Petitioner is aggrieved by the incorrect fixation of his pension and whatever pension has been fixed by the employer, is not being disbursed by the Bank. Not only this, the Bank has started deducting certain amount from his pension alleging that excess payment has been made to the Petitioner in the past which is now been adjusted. Having heard the learned Counsel for the parties and the Petitioner in person, this Court finds it very difficult to give a finding on any of the issues raised in the Petition since clear cut averments have not been spelt out in the writ Petition. According to the Bank, a statement has been filed of the amount which is due to the Petitioner and which has been drawn by him. This is Annexure CA -2 to the counter affidavit. This statement indicates that an excess amount of Rs. 17,990/ - has been made to the Petitioner which is required to be recovered and which has been recovered by the Bank. According to the Petitioner, this statement is incorrect and is not reflected in his Pass Book which is being issued by the Bank but this document has not been categorically denied by the Petitioner in his rejoinder affidavit. On the other hand, the Petitioner has placed reliance upon Annexure Nos. 46 and 47 to the writ Petition and, according to Annexure No. 47, the Petitioner is entitled to certain amount. This statement (Annexure No. 47) has unfortunately being given to the Central Bank of India. The Central Bank of India can only pay to the Petitioner such amount as per the PPO Order and has no authority to re -fix or correct the pension. The refixation of the pension, if any, can only be done by the employer. If wrong fixation of the pension has been made by the employer, the Petitioner should approach the employer concerned. In the light of the aforesaid, this Court is unable to decide the controversy at this stage and dispose of the writ Petition with the following directions: 1. The Petitioner should file Annexure No. 47 to the writ Petition page 109 before the competent authority, CDA (Pension), Dropadi Ghat, Allahabad along with a representation indicating the amount payable to him as per his own calculation pursuant to the PPO Order. If such an application is filed, the authority will consider the matter and intimate the Petitioner, as to what amount, is due and payable to him as per the relevant Personal Pension Order and Government Orders issued from time to time by which the pension is revised. 2. Based on the statement given by the CDA (Pension) of the amount due to the Petitioner, the Petitioner would then approach the Bank. The Bank will accordingly consider the statement given by the CDA (Pension) and verify it from the amount paid by them to the Petitioner, and thereafter, calculate the amount to be paid or to be recovered from the Petitioner. If any amount become payable to the Petitioner, the same would be paid to the Petitioner at the earliest. 3. This exercise will be done by the CDA (Pension) within four weeks from the date of the receipt of the application and by the Bank within four weeks from the date of the receipt of the statement due and payable to the Petitioner issued by CDA pension.
(3.) PURSUANT to the aforesaid order of this Court, the office of the Controller of the Defence Accounts (Pension), Allahabad issued the letter dated 20th February, 2009 to the Petitioner which is as follows: In compliance of the Hon'ble Court order dated 20.11.2008 passed in CMWP No. 26309 dated 20.11.2008 filed by you, your representation dated April/May 2008 received along with the Court order has been examined and it is stated as under: Your basic pension @ Rs. 908.00 P.M. sanctioned vide P.P.O. No. cited under reference has further been revised as under: (a) Rs. 2716.00 w.e.f. 1/9/96 vide P.P.O. No. C/ Cor/Fys/06250/1998 dated 9.3.98 (b) Rs. 2809.00 -do - vide P.P.O. No. C/Cor/Fys/09776/1999 dated 30.12.99 (c) Rs. 3109.00 -do - vide P.P.O. No. C/Cor/Fys/ 10297/2003 dated 16.9.2003 Apart from the above, the difference of gratuity and CVP has also been authorised. Annexure showing the details is attached herewith. The due portion of the dues drawn statement shown as Annexure -47 has been verified with reference to the P.P.O's mentioned above and has been found correct. As regards drawn portion of the due drawn statement, the same can only be verified by Central Bank of India, Shastri Nagar, Branch Kanpur being the P.D.A. Accounts Officer (P) Copy to: The General Manager, Central Bank of India, Shastri Nagar, Branch Kanpur (U.P.) for information with respect to Hon'ble High Court order in CMWP No. 26309 dated 20.1108, you are requested to verify the amount paid by you and calculate the amount to be paid or to be recovered from the Petitioner and issue speaking order to Petitioner in compliance of Court order. Account Officer (P);