R.M.Sahai, J. - (1.) BY this petition a direction is sought to opposite parties Nos. 1 and 2 not to deduct a sum of Rs. 44.05 from the pension of petitioner and further the excess amount deducted between 1962 to 1983 may be paid back to him. It is claimed that petitioner was employed on the post of Superintendent in the office of Excise Commissioner, U.P., Allahabad. During his service he contributed under the Contributory Pension Fund a sum of Rs. 15 to Rs. 20/ - per month from his salary and when he retired the total sum thus contributed by him came to Rs. 3,000/ -. The Government also contributed a sum of Rs. 3,000/ - equivalent to the sum contributed by petitioner. Under the rules the sum contributed by Government was deducted from the pension of petitioner at the rate of Rs. 44.05 p. per month. According to petitioner the entire sum contributed by the Government stood paid by 1962 but they continued to go on deducting from his salary and, therefore, he was entitled to refund and payment of his full pension. He made a representation to the office of Accountant General to this effect on which an order was passed on 4th May, 1983, a copy of which has been attached as Annexure 1 to the writ petition. It reads as under: - - A sum of Rs. 44.05 being the pension equivalent of Government share of C.P.F. Fund and interest accrued thereon amount to Rs. 6,313/ - was deducted from the gross amount of his pension under the existing pension rules. The rules does not provide the restoration of his pension on account of the above deduction.
(2.) No counter -affidavit has been filed. It is not disputed that contribution made by Government under relevant Provident Fund Rules were to be deducted from pension, The Government therefore, was justified in deducting the contribution made by it from monthly pension. But once the contribution stood paid no further deduction could be made. It would amount to reduction of pension. And that could not be done. The pension is reduced for realisation of Government money. And for no other purpose. We are informed that on 26th April, 1984 when this Court granted interim order in favour of petitioner directing opposite parties to pay his full pension they issued a circular in all such cases to pay full pension. Therefore, the Government also appears to have accepted, even though belatedly, the claim of petitioner.
(3.) In the result this petition succeeds and is allowed. A direction is issued to opposite parties to pay full pension of petitioner as determined from the date sum of Rs. 6,313/ - stood paid as result of deduction of Rs. 44.05 per month from his pension. Any amount paid in excess of Rs. 6,313/ - shall be refunded within three months from the date, a copy of this order is served.;