Thursday, September 29, 2011

OA No.396 / 2007 on 01-04- 2010

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH : BANGALORE

ORIGINAL APPLICATION No.396 OF 2007

THURSDAY, THIS THE 1st DAY OF APRIL, 2010

HON'BLE Dr. K. B. SURESH ... MEMBER (J)

HON'BLE SMT. LEENA MEHENDALE ... MEMBER (A)


S.A. Bhupale,
S/o Late Anneppa,
Aged about 96 years,
Retired Assistant Engineer,
CPWD, Nasik,
R/at Shivaji Road,
Bijapur – 586 101.
(since deceased by his Lrs)

1. Dr. C.S. Bhupale,
S/o Late S.A. Bhupale,
Aged about 70 years,
R/at Near Kannur Hospital,
Shivaji Road,
Bijapur.

2. Sri Somashekar S. Bhupale,
S/o Late S.A. Bhupale,
Aged about 65 years,
R/at Near Kannur Hospital,
Shivaji Road,
Bijapur.

3. Sri Anna Rao S. Bhupale,
S/o Late S.A. Bhupale,
Aged about 57 years,
R/at H.No.-C-98, 1st Main,
III Cross, P.W.D. Quarters,
Kaval Byrasandra, R.T.Nagar Post,
Bangalore – 560 032. ... Applicants

(By Advocate Shri T. Narayanaswamy)

Vs.

1. The Union of India,
represented by its Secretary,
Ministry of Urban Development
Nirman Bhavan,
New Delhi – 110 001.

2. The Director General (E.C.111),
of Works, CPWD,
Nirman Bhavan,
New Delhi – 110 011.

3. The Executive Engineer,
Pune Central Division No.1,
CPWD, Nirman Bhavan,
Mukundnagar,
Pune – 411 037.

4. The Accountant General,
The Indian Audit & Accounts Department
(Accounts and Entitlements) – I,
Maharashtra,
101, Maharshi Karve Marg,
Mumbai – 400 020. ... Respondents

(By Advocate Shri V.N. Holla,
Addl. Central Govt. Standing Counsel)

O R D E R

Hon'ble Smt. Leena Mehendale, Member (A) :
This matter arises out of non payment of adequate and due pensionary benefits to the applicant. Necessary paper work for the same has to be done by the Director General of Works, CPWD, New Delhi (Respondent No.1) and the Accountant General, Maharashtra, Mumbai (Respondent No.4). This OA was filed on 11.10.2007. Unfortuntely, the applicant died on 12.10.2007 and his LRs have come on record now to prosecute the case.

2. Admittedy, the case is as under:-
The applicant has retired as Assistant Engineer on 26.6.1967. No Pension Payment Order has been issued to him, although he was paid Pension through the Accountant General, Karnataka by P.P.O. No.1611. Further, his Pension was calculated by considering his service as 22 years, whereas he has actually put in 22 years 9 months and 27 days in the service which, for the purpose of Pension must be taken as 23 years. Thus, he has been deprived of his adequate and due pensionary benefits for the last 40 years. This, he claims, has happened even though he has been making references to the Director General of Works, CPWD, New Delhi (Respondent No.2) from time to time vide Annexures No.A/24, and A/26 to A/30.

3. Heard Shri T. Narayanaswamy, learned counsel for the applicant and Shri V.N. Holla, learned Additional Central Govt. Standing Counsel for respondents.

4. Both the counsels have argued and deliberated on the point whether such enormous delay of 40 years is time barred or not. The counsel for the applicant has relied on the judgment of the Punjab and Haryana High Court in the case of Niranjan Singh Vs. State of Haryana & Ors. - 1986(2) AISLJ 203, decided on 14.5.1986 wherein the Hon'ble High Court held :

"3. The petitioner has been opposed by the respondents. It has been contended that the petition has been filed 27 years after the date of retirement of the petitioner and, therefore, it suffers from delay and laches.

4. I have heard the learned counsel for the parties.The objection that the petition suffers from laches, in my view is wholly withuot merit. The right to pension to a retiree is a recurring right and he is entitled to receive pension every month. Where a superannuated employee is entitled to pension it does not behove the State Government to raise such a technical objection to the maintainability of the writ petition. I, therefore, overrule the same."


6. In view of the above, we have no doubt that the prayer of the applicant is justified and that Respondents No.1 and 3 are under obligation to take all the necessary measures to give the applicant all the pensionary benefits due to him by considering his service to be 23 years. He shall also be paid interest at the rate of 8% on the arrears of Pension from the date it is due, i.e., upto 12.10.2007 (the date of his death). This
exercise shall be completed within a period of four months from the date of receipt of a copy of this order. No costs.

(LEENA MEHENDALE) (Dr. K.B. SURESH)
MEMBER (A) MEMBER (J)
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