O. A. No.060/00039/2016. Case: Pakhar Singh Vs Union of India and Ors.. Central Administrative Tribunal

Case NumberO. A. No.060/00039/2016
CounselFor Appellant: Sh. Madan Mohan, counsel and For respondents: Sh. Ram Lal Gupta, counsel and Sh. Sanjiv Gupta, counsel
JudgesMr. Sanjeev Kaushik, Member (J).
IssueAdminisrtative Law
Judgement DateMay 15, 2017
CourtCentral Administrative Tribunal

Order:

Mr. Sanjeev Kaushik, Member (J), (Chandigarh Bench)

  1. The present O.A. has been filed seeking the following relief(s):-

    8(i). To direct respondents No.3 and 4 to release the revised pension in terms of Corr. PPO No.06203/2009 (A-3) sanctioned with effect from 01.02.2004 @ Rs.2500/-PM.

    (ii) To direct the respondents to sanction and release pension in PB-II i.e. Rs.6750/- PM with effect from 01.01.2006.

    (iii). To pay interest @18% PA on the arrears accrued from due date till actual payment.--

  2. After exchange of pleadings by the parties, various orders have been passed to find out the authority on whose part there is delay in disbursement of revised pension as per OM dated 08.04.2016. It is admitted by the learned counsel for respective parties that now the question which is to be adjudicated is with regard to interest as they have already paid arrears of pension amounting to Rs.3,60,544/- on 03.11.2016.

  3. Sh. Madan Mohan, learned counsel for the applicant submits that since applicant became entitled to revision of pension in terms of OM dated 08.04.2016, therefore without loss of any time, Respondent No.5 (in short Bank) was under obligation to pay the same, which they paid only on 03.11.2016 i.e. during the pendency of this O.A.

  4. Govt. of India is represented through Sh. Ram Lal Gupta, Senior Standing Counsel, who apprises this Court that various communications had been made to concerned Bank to the effect that whenever there is revision of pay/pension, they will release the amount immediately without loss of time and without waiting for revised PPO. It was also pointed out that vide OM dated 08.04.2016, wherein it has been impressed in para no.5 that the Disbursing Authority has to disburse the amount immediately to the pensioner. He has also shown various OMs copies of which have been endorsed to the concerned Bank for making payment without loss of time. Therefore, he submits that delay is on the part of the Bank.

  5. Sh. Sanjiv Gupta, learned counsel appearing on behalf of Bank submitted that immediately after receipt of revised PPO dated 27.10.2016, without there being any delay, they made payment on 03.11.2016, therefore, there is no delay on their part and it is Union of India who had not issued...

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