ups_00740 — Applicant has filed this OA seeking to quash impugned Order, dated 6-8-2021 and for direction to the Respondents to grant interest at GPF rate on the arrears as also the lifetime pension released to the Applicant on 27-5-2021
Original Rule Text
Applicant has filed this OA seeking to quash impugned Order, dated 6-8-2021 and for direction to the Respondents to grant interest at GPF rate on the arrears as also the lifetime pension released to the Applicant on 27-5-2021 — The given text is an excerpt from a court order in case OA Nos 2268 of 2021, where the applicant is seeking to challenge an impugned order and request for interest on arrears and pension released to ... — Facts:Facts: Applicant is the widow of late Shri Mahesh Chandra Pant, an IPS officer of UP Cadre 1952 batch, who passed away on 8-1-2008, after taking premature retirement from service with effect from 31-1-1979 after serving for 26 years. The deceased was sanctioned pension vide PPO, dated 20-5-1980 with effect from 1-2-1979. The Applicant belatedly noticed that the pension of her husband was revised and reduced vide PPO, dated 7-8-1998. After the 7th Pay Commission, the Government of India vide DoP&T's OM, dated 6-7-2017 revised the pension/family pension of pre-2016 pensioners but the pension of the deceased was not revised. Further, as per the amendment to CCS (Pension) Rules, 1972, an additional 20% family pension was made admissible to all family members who completed 80 years of age. The Applicant attained 80 years on 18-9-2016. Applicant made representation, pursuant to which pension/family pension was revised vide Order, dated 23-3-2021. Applicant received ₹ 2,45,262 towards lifetime arrears with effect from 1-1-2006 to 8-1-2008 and ₹ 17,82,226 towards arrears with effect from 9-1-2008 to 30-4-2021. Family pension was also revised accordingly, but interest for delayed payment was not included in the amount paid. Applicant's representation, dated 4-6-2021 for the same, was rejected by the Respondents on 6-8-2021. Hence the OA. Applicant relied on the decision of the Allahabad High Court in Damayanthi and others v. Secretary, Ministry of Home Affairs, Government of India and others [ 2011 (5) ALD 713 ] and also on the judgment of the Apex Court in D. D. Tewari v. Uttar Haryana Bijli Vitran Nigam Ltd. [ AIR 2014 SC 2861 ], in which the Supreme Court held that it is a miscarriage of justice to deny interest payable from the date of entitlement.