Sri Naini Gopal (aged 85 ) Assistant Foreman Ordinance Factory Bhandara Retired on 01-10-1994 Nagpur Petitioner
Union of
India Ministry of Defence , Respondents
The
Principal Controller of Defence Accounts
The General
Manager SBI CPPC 5th Floor Premises No
T-651 , T-751 ITC Belapur, CBD Belapur Railway Station Complex , Navi Mumbai –
4000614
The General
Manager Ordinance Factory Bhandara
High court
of Bombay Nagpur Bench
LD-VC-CW-665
of 2020.
CASE HISTORY BRIEF
In the
month of August 2019, the basic pension of the petitioner was reduced from Rs
25634 to Rs 25250 (from 01-01-2016) and CPPC SBI directed recovery of Rs 369035
from the pension payable in instalments of Rs 11400 i.e 1/3 of monthly pension
from 01-08-2019.
An amount
of Rs 872 was erroneously paid in excess from October 2007 due to technical
error.
The stand
taken by employer, the competent authority has stated that fixation of pension
was correct and proper and supported the claim of the pensioner and intimated
that pension at the rate of Rs 26000 has been correctly notified.
| TABLE 14 ( S-13, GP -4600 , LEVEL - 7 ) | ||||
| 4TH CPC | 5TH CPC | 6TH CPC | 7TH CPC | PENSION |
| 2675 | 8125 | 19720 | 52000 | 26000 |
Bank stated
that revised pension of Rs 9102 was payable but bank calculated it as Rs 9974
and thus paid an excess of Rs 872 per month
from October 2007. It is not the authority of the bank to fix the
entitlement of pension and the action of the bank to reduce the pension is
unauthorised and illegal.
If the bank
had any doubt about the correctness of fixation of pension, it should have
carried correspondence with the employer and got the clarification. An
explanation in respect of proposed deduction with retrospective effect from Oct
2007 should have been called from the pensioner.
The entire
action of the bank is arbitrary, unreasonable, unauthorised and in flagrant violation of the principles of
natural justice and cannot be sustained.
Instead of
showing sensitivity to the problems of senior citizens , the bank has shown
arrogance .
We need to
direct the bank to refund the amount of Rs 326045 with interest at the rate of
18% per annum , restrain the bank to recover the balance, bank to pay costs of
Rs 50000 towards expenses.
Pension payable
upon superannuation is a property ( Article 300 A )and it constitutes a
fundamental right to livelihood (Article 21)
Article 41 of the Constitution of India in the Part IV of Directive Principles of State Policy has created a obligation upon the state to recognise a right of public assistance in the case of old age , sickness and disablement .
OBSERVATIONS
Unfortunately,
the time has come to tell the Bank that the aging is natural process, which leads to weakening of the body and mind. The
productivity, working ability and mobility decreases or paralyzes with growing
age. The traditional norms, values and culture in the Indian Society demand to
treat the senior citizens with respect, dignity and lay
stress on providing
security, care and
assistance to them.
It becomes a part of the human right of the senior citizens. The senior
citizens are the persons who had shouldered the responsibility of building a
nation in general and society or community in particular, while in service.
Utilizing their experience in the life and working, the strong shoulders are
created of young persons to substitute and rest the responsibility upon them,
while demitting the office. The bank officials must realize that tomorrow it
may be their turn, upon superannuation, to fight for the pension or
post-retiral benefits. The thought process, therefore, to be adopted should be
of a person in a situation like the petitioner. The respect, dignity, care,
sensitivity, assistance and security would automatically follow.
We have, however, seen and can take judicial note of the fact that the security of the senior citizens always remain in peril. We have seen the senior citizens anxiously waiting for credit of the pension amount in their account and standing in a queue for withdrawal. Once the amount is withdrawn personally either from the Bank or from the ATM, a serious threat starts posing to the life from the watchdogs roaming around involved in pick-pocketing and stealing. We have actually seen the old aged persons — men and women, counting the currency with cramping hands and trying to secure the amount at some hidden place in the body. It is then after waiting in the premises of the Bank and taking stock of the situation and the atmosphere with scared mind and the feeling of insecurity, the escape route and time is chosen to reach to their destination safely. It is a high time for the Banks to create a separate cell and to device a method to provide personal service through the men of confidence, at the door-step to the old aged, disabled and sick persons who are the senior citizens. They have to be treated with respect and dignity. The sensitivity to the problems of the senior citizens need to be addressed. The mechanism for immediate redressal of grievance needs to be provided. The officers having a degree or master’s degree in Social Work or Psychology, who can be in personal touch with and genuinely understand and redress the grievances or complaints of the senior citizens, can be appointed.
ORDER
In the result, this petition is allowed and the following order is passed : The action of the Bank in deducting an amount of Rs.11,040/- per month with effect from October, 2019 is hereby quashed and set aside.
We direct the Bank to immediately credit an amount of Rs.3,27,045/-, recovered from the pension account of the petitioner, along with interest at the rate of 18% per annum from the date of recovery of each of the installments, till the date of credit of this amount in the pension account of the petitioner. Bank is restrained from recovering any amount from the pension payable to the petitioner on the basis of the action, which we have quashed and set aside. We direct the Bank to pay the compensation of Rs.50,000/- to the petitioner and credit the said amount in the pension account of the petitioner within a period of eight days from today, failing which the additional costs of Rs.1,000/- for each day’s delay will have to be paid.