OA. 780/2009. Case: Smt. Kuwarwati Kori Vs Union of India. Central Administrative Tribunal

Case NumberOA. 780/2009
CounselFor Appellant: Shri J.K. Bhattacharya, Advocate and For Respondents: Shri S.K. Mishra, Advocate & Shri Ashish Shroti, Advocate (for R-5)
JudgesDhirendra Mishra, J. (Member (J)) and G.P. Singhal, Member (Ad.)
IssueService Law
Judgement DateJuly 19, 2013
CourtCentral Administrative Tribunal

Order:

G.P. Singhal, Member (Ad.), (Jabalpur Bench)

  1. The applicant has filed this OA praying for the following reliefs:

    i) The compound interest on delayed payment of pension (delay of 14 years) @ 12% as given by post office/banks to senior citizen.

    ii) The compensation for mental agony and pursuance for from the year 1995 (the date of expiry of the applicant's husband) to the date of payment @ 50,000/- yearly.

    iii) The speaking order is to be passed for fixing the liability on the respondents who were responsible for delay of 14 years separately.

    iv) To pay the cost of the application and fees to advocate.

    v) Any other relief as found fit and proper.

    The applicant submitted that her husband was getting his pension up to 1994 from Miloniganj Branch, of State Bank of India (in short SBI). He applied for transfer of his pension case to SBI, Belsar Branch, District Gonda, UP vide his letter dated 11.11.1994 and from the date of this application, his pension was stopped by Respondent No. 5. Thereafter, the applicant's husband expired on 7.5.1995. After much pursuance by the applicant, the District Treasury Officer, Jabalpur, wrote a letter on 6.12.1995 to the Manager, State Bank of India, Belsar, Dist. Gonda, for transfer of the pension/family pension account there. In this letter it is mentioned that the pension had been paid up to October, 1994. However, for 11 years the applicant did not receive any communication in regard to the pension/family pension. Thus she contacted the officials on which, she was informed that her PPO had been lost. After marriage of her daughter, the applicant's son-in-law started pursuing the case again and after much pursuance, duplicate PPO was issued on 11.12.2007 and the applicant was paid accumulated amount of the pension/family pension of almost 13 years on 7.4.2008. Thus, the applicant deserves to be paid interest @ 12% on delayed payment of pension as well as compensation for mental agony and pursuance from the year 1995 to the date of payment.

  2. Respondent No. 1 and 2 in their reply submitted that the applicant's husband was superannuated from service w.e.f. 31.10.1986 and was initially getting pension from Treasury Officer, District Gonda, UP. However on his application dated 26.2.1987 his pension case was transferred from Gonda, UP, to Jabalpur. After 20 years of retirement of her husband, the applicant visited Central Ordnance Depot (in short COD), Jabalpur on 21.5.2007 with a complaint that she is...

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