Judgment:
Shrikant Tripathi, Member (J):
1. Heard Smt.Charishma C.M., for the applicant, and Mr.P.J.Philip for the respondents and perused the record.
2. The applicant K.Venugopal, Ex Signalman, No.14209637-L, has filed the instant O.A claiming 14% interest per annum on the arrears of special pension, which was paid to him with inordinate delay. The applicant has further claimed for a direction to the respondents to revise his special pension in terms of the Government of India, Ministry of Defence Letter No.PC10(1)/2009-D(Pen/Pol) dated 8th March, 2010 (Annexure-A4).
3. The relevant facts are that, the applicant was enrolled in the Indian Army on 10th February, 1970 and was discharged on compassionate ground on 9th March 1976 under Army Rule 13(3)III(iv). The applicant's claim for pension was denied by the respondents on the ground that he had not rendered pensionable service. So, he filed O.P No.27024 of 2000 in the Hon'ble High Court of Kerala, at Ernakulam, which was allowed on 13th February, 2006, with a direction to the respondents to see that the petitioner was granted the special pension and gratuity under paragraph 28 of Ext.P15 therein. It was further directed that the eligible benefits shall be disbursed within a period of three months from the date of production of a copy of the judgment.
4. The respondents filed review petition No.379 of 2006 for the review of the aforesaid order, but it was dismissed vide the order dated 5th October 2007. When the order of the Hon'ble High Court of Kerala, was not implemented, the applicant filed contempt of Court Case No.79 of 2009, which was disposed of on 6th October, 2009, on the basis of the statement filed on behalf of the respondents that an amount of Rs.4,51,198/- had been paid to the applicant. The Hon'ble High Court referred the applicant's contention that he was entitled to get much more and held that no particulars whatsoever had been given as to how the amounts have been worked out. The High Court, however, directed the respondents to intimate the petitioner how the amount had been worked out, within a period of four weeks and if there had been any mistake in calculation, the same was directed to be rectified.
5. A perusal of the aforesaid orders passed by the Hon'ble High Court of Kerala, reveals that the applicant was not provided the benefit of interest on the arrears of special pension. Even in the order passed in the Contempt matter, no such benefit was extended to the applicant nor he made any submission for providing him the benefit of interest. In this view of the matter, the applicant had no legal right to file another proceeding for claiming the interest. More so, the special pension is payable to an incumbent at the discretion of the President and cannot be claimed as a matter of right. When the President granted the special pension to the applicant in compliance of the High Court's order, the claim for interest does not appear to be justified, especially when no such direction was given by the High Court. In our view, the claim for interest has no substance.
6. So far as the contention regarding revision of special pension in terms of Government of India, Ministry of Defence, Department of Exservicemen Welfare letter dated 8th March, 2010 (Annexure-A4) is concerned, it has sufficient merit. According to the applicant, the minimum special pension that is admissible as per the recommendation of the 6th Central Pay Commission is of Rs.3,500/- and as such the respondents were not justified in disbursing only Rs.1,274/- after the implementation of the 6th Central Pay Commission. In this connection, the learned counsel for the applicant referred to the recommendations of the Pension Paying Bank (Annexure-A6) dated 20th May, 2010, sent to the PCDA(P) Allahabad, and others. But it appears that no decision has been taken by the PCDA(P) Allahabad, regarding the revision of the applicant's special pension.
7. In view of the fact that the revision of the applicant's special pension matter is pending with the PCDA(P), Allahabad, we consider it just and expedient to direct the PCDA(P), Allahabad, to take appropriate decision in accordance with law and communicate the same to the applicant.
8. We fail to understand as to how the respondents can be said to be justified in providing only Rs.1,274/- per month as special pension to the applicant, if the aforesaid Government letter provides that the minimum pension will be Rs.3,500/- per month with effect from 1st January 2006.
9. In view of the aforesaid, the Original Application is partly allowed. The respondents are directed to consider the applicant's claim for granting him minimum special pension in terms of the Government of India, Ministry of Defence, Department of Ex-servicemen Welfare letter dated 8th March, 2010 (Annexure-A4) and take appropriate decision thereon in accordance with law, within four months from today, and communicate the same to the applicant. If the respondents decide to revise the applicant's special pension, he shall be paid the entire arrears within four months from the date of the decision.
10. The applicant's other claim, including the claim for the interest, is dismissed.
11. There will be no order as to costs.
12 Issue free copies to both side.