T.A. No. 194 of 2010. Case: A. Karunakaran Vs Principal Controller of Defence Accounts (P) Controller, Government Defence Accounts and The Manager, Canara Bank. Armed Forces Tribunal
| Case Number | T.A. No. 194 of 2010 |
| Judges | A.C. Arumugaperumal Adityan, J. (J) and S. Pattabhiraman (A), Members |
| Issue | Service Law |
| Judgement Date | May 02, 2011 |
| Court | Armed Forces Tribunal |
Order:
A.C. Arumugaperumal Adityan, Member (J), (Regional Bench, Chennai)
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Unfortunate, the applicant, even though there are G Os in his favour, not able to get his Dearness Allowances as per the G Os, has approached the Honourable Madurai Bench of Madras High Court by way of filing W.P.(MD). No. 2963 of 2007 for his revised Dearness Allowances with effect from 18.07.2007 and also for the consequential relief, challenging the orders of the 1st Respondent vide No. AT/PSB/V/TN/Trichy/05, dated 20.02.2006. After the constitution of the Armed Forces Tribunal, Regional Bench at Chennai, the said writ petition was transferred to this Tribunal under Section 34(2) of the Armed Forces Tribunal Act, 2007, and renumbered as T.A. No. 194 of 2010.
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The short facts in the affidavit to the application sans irrelevant particulars required to dispose of this application are as follows-The applicant had joined Indian Army as Sepoy on 9th October 1972, and he retired on compassionate grounds on 01.09.1991 as Havildar. As per Pension Payment Order (PPO) No. S/043247/90 (Army), dated 29.11.1990, the applicant was granted his due pension by the Office of the CCDA (Pensions), Allahabad, which was disbursed through the 3rd Respondent (Canara Bank, Thuraiyur Branch, Trichy District), by crediting the same in his SB A/c. No. 20042 maintained by the 3rd Respondent. The applicant got re-employment in LIC, Thuraiyur, and his basic pay was fixed as Rs. 1,170/-per month, which is the minimum of pay scale of the re-employed post. As an Ex-serviceman, the applicant was paid pension at the rate of Rs. 1,681/-per month. But, the applicant was not paid the Dearness Relief to be paid along with the pension with effect from 18.07.1997 in terms of the order by Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Pension and Pensioners Welfare, dated 02.07.1999. The applicant has also not got the benefits regarding the merger of 50% of Dearness Relief with basic pension with effect from 01.04.2004 as per G.O. No. 42/2/2004-P & PW (G), F/No. 105/1/2004-IC, dated 01.03.2004, issued by the Government of India, Ministry of Finance, Department of Expenditure. The applicant is also not getting the benefits regarding the revised rate of Dearness Relief with effect from 01.01.2004 as per the G.O. No. 42/2/2004-P & PW (G), dated 15.03.2004, issued by the Government of India, Ministry of Personnel Grievances and Pension, Department of Pension and Pensioner Welfare. The 3rd Respondent (pension disbursing authority for the applicant) had through a communication dated 30.06.2004 informed that the applicant has not been granted Dearness Relief. The applicant had received another communication from 1st Respondent on 20.02.2006 informing that the applicant is entitled for Dearness Relief on pension with effect from 18.07.1997 and payment of Dearness Relief on pension will be considered after the receipt of certificate from re-employer subject to the condition that the pensioner's pay has been fixed at minimum pay of the re-employed post, if he is re-employed. In the same communication the applicant was directed to produce the following certificate to the PDA (Pension Disbursement Agency) from there-employer_
i) Applicant's pay has been fixed at the minimum of pay scale of the re-employed post.
ii) No part of pension has been taken into account in fixation of pay on re-employment
iii) Applicant does not belong to class A to consider his admissibility of DR on pension.
The applicant has complied with the above said requirements by way of getting a certificate from his re-employer ie., L.I.C., and he dispatched the same on 20.01.2007 to his PDA (Pension Disbursement Authority), ie., 3rd Respondent with...
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