Gauhati High Court
Dhiresh Narayan Chowdhury vs The Union Of India And 7 Ors on 18 June, 2025
Page No.# 1/19
GAHC010099682025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1563/2025
DHIRESH NARAYAN CHOWDHURY
S/O. LATE GARGA NARAYANCHOWDHURY
AMITABH 95 DR. BANIKANTA KAKATI ROAD
ULUBARI GUWAHATI-7810 07
VERSUS
THE UNION OF INDIA AND 7 ORS.
THROUGH SECRETARY
MINISTRY OF LAW AND JUSTICE
JAISALMER HOUSE MAN SINGH ROAD
NEW DELHI-110001
2:THE CENTRAL PENSION ACCOUNTING OFFICE
REPRESENTED BY THE PAY AND ACCOUNTS OFFICER
TRIKOOT-2 BIKAJI CAMA PLACE NEW DELHI-110066
3:THE ASSISTANT GENERAL MANAGER
CENTRALIZED PENSION PROCESSING CENTRE
SANJUKTA SQUARE SUBHAM GREENS 3RD FLOOR
NH-37 LOKHRA CHARIALI GUWAHATI-781 040 ASSAM
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM GUWAHATI MAIDAMGAON BELTOLA GUWAHATI PIN-781 029
5:PAY AND ACCOUNTS OFFICE
CENTRAL ADMINISTRATIVE TRIBUNAL
MINISTRY OF PERSONNEL PUBLIC GRIEVANCE AND PENSION
C-1 HUTMENTS DALHOUSIE ROAD NEW DELHI
6:STATE BANK OF INDIA SOUTH GUWAHATI BRANCH DYNAMO TOWER
DR. BANIKANTA KAKATI ROAD
ULUBARI GUWAHATI-781007 THROUGH ITS MANAGER
Page No.# 2/19
7:THE REGISTRAR GENERALHONBLE GAUHATI HIGH COURT
GUWAHATI-781001
8:THE REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL
GAUWAHATI BENCH RAJGARH ROAD GUWAHATI-781005
9:STATE BANK OF INDIA PANBAZAR MAIN BRANCH PANBAZAR
GUWAHATI-01 THROUGH ITS MANAGER.
------------
Advocate for : P K GOSWAMI
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS.
Linked Case : WP(C)/2531/2025
DHIRESH NARAYAN CHOWDHURY
S/O. LATE GARGA NARAYANCHOWDHURY, AMITABH, 95, DR. BANIKANTA
KAKATI ROAD, ULUBARI GUWAHATI-7810 07
VERSUS
THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF LAW AND
JUSTICE, JAISALMER HOUSE, MAN SINGH ROAD, NEW DELHI-110001
2:STATE BANK OF INDIA PANBAZAR MAIN BRANCH
PANBAZAR GUWAHATI-01
THROUGH ITS MANAGER.
2:THE CENTRAL PENSION ACCOUNTING OFFICE
REPRESENTED BY THE PAY AND ACCOUNTS OFFICER
TRIKOOT-2 BIKAJI CAMA PLACE NEW DELHI-110066
3:THE ASSISTANT GENERAL MANAGER
CENTRALIZED PENSION PROCESSING CENTRE
SANJUKTA SQUARE SUBHAM GREENS 3RD FLOOR
NH-37 LOKHRA CHARIALI GUWAHATI-781 040 ASSAM
4:THE ACCOUNTANT GENERAL (A AND E)
ASSAM GUWAHATI MAIDAMGAON
BELTOLA GUWAHATI PIN-781 029
5:PAY AND ACCOUNTS OFFICE
CENTRAL ADMINISTRATIVE TRIBUNAL
MINISTRY OF PERSONNEL PUBLIC GRIEVANCE AND PENSION
C-1 HUTMENTS DALHOUSIE ROAD NEW DELHI
6:STATE BANK OF INDIA SOUTH GUWAHATI BRANCH DYNAMO TOWER
DR. BANIKANTA KAKATI ROAD
ULUBARI GUWAHATI-781007 THROUGH ITS MANAGER
Page No.# 3/19
7:THE REGISTRAR GENERAL HONBLE GAUHATI HIGH COURT
GUWAHATI-781001
8:THE REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL
GAUWAHATI BENCH RAJGARH ROAD GUWAHATI-78100
Advocate for the Petitioner : IMSENKALA, MR. B D GOSWAMI,MR. J M GOGOI,MR. P K
GOSWAMI
Advocate for the Respondent : DY.S.G.I., MR K KASHYAB (R-3,6),MR. S DUTTA(R-3,6),MR. B
CHAKRAVARTY (C.G.C),SC, AG (A AND E),SC, GHC
:::BEFORE:::
HON'BLE MR. CHIEF JUSTICE LANUSUNGKUM JAMIR(ACTING)
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Date of hearing : 18.06.2025
Date of Judgment: 18.06.2025
Judgment & Order(ORAL)
[N. Unni Krishnan Nair, J.]
Heard Mr. P. K. Goswami, learned senior counsel, assisted by Mr. B. D.
Goswami, learned counsel, appearing on behalf of the applicant. Also heard
Mr. B. Chakravarty, learned CGC, appearing on behalf of respondents No. 1 &
2; Mr. S. Dutta, learned counsel, appearing on behalf of respondents No. 3, 6
& 9; and Mr. R. K. Talukdar, learned standing counsel, Accountant
General(A&E), Assam, appearing on behalf of respondent No. 4.
2. The applicant, herein, by instituting the present interlocutory application,
has assailed the action on the part of respondents No. 3, 6 & 9, in debiting his
Savings Bank Accounts No. 10282098044, and 102823990633, maintained
with the respondents No. 6 & 9, herein, of an amount of Rs. 38,62,000/- and
Rs. 18,68,226/-, respectively, totaling Rs. 57,30,226/-, towards recovery of
the pension amount purportedly paid in excess to the applicant. The appellant
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has prayed that the debits made from his said Savings bank accounts, be
reversed by the Bank i.e. the respondents No. 3, 6 & 9.
3. The brief facts requisite for adjudication of the issue arising in the
present proceeding, is noticed, as under:
The applicant, herein, was elevated as a Judge of the Gauhati High Court
on 21.09.1996. During his tenure as a Judge of this Court, the applicant was
appointed as a Vice-Chairman of the Central Administrative Tribunal(CAT),
Guwahati Bench, on 15.09.2000, and he had, accordingly, joined against the
said post on 18.09.2000. The applicant continued to serve as the Vice-
Chairman of the Central Administrative Tribunal(CAT), Guwahati Bench, till
31.10.2003.
On his superannuation as a Judge of this Court with effect from
15.09.2000; the Office of the Accountant General (A&E), Assam, vide the
Pension Payment Order(PPO) being PPO No. 707010100019, had authorized to
the appellant his due pension w.e.f. 01.11.2000.
Thereafter, pursuant to his superannuation as the Vice-Chairman of the
Central Administrative Tribunal (CAT), Guwahati Bench, on 31.10.2003; the
Pension & Account Officer, Central Administrative Tribunal(CAT), New Delhi,
i.e. the respondent No. 5, issued a Pension Payment Order being PPO No.
498010400037, authorizing to the applicant, herein, an "Additional Pension"
for service rendered by him as the Vice-Chairman of the Central
Administrative Tribunal (CAT), Guwahati Bench, w.e.f. 01.11.2003.
Page No.# 5/19
The applicant, herein, under the said Pension Payment Orders was being
authorized his due pension. The revision of pension as coming into force, from
time to time, were also being authorized to the petitioner.
The applicant, herein, without any hindrance was drawing his pension
under the said 2(two) Pension Payment Orders till January, 2025, i.e. for
about a period of about 22 years. The pension authorized to the applicant is
credited every month, since the date of such authorization in the applicant's
Savings Bank Account No. 10282098044, maintained with the State Bank of
India(SBI), South Guwahati Branch, i.e. respondent No. 6. The applicant,
herein, also paid the due income tax on the amounts received by him as
pension.
Poised thus, the Assistant General Manager, Centralized Pension Processing
Centre, Guwahati, i.e. respondent No. 3, herein, issued a communication,
dated 28.01.2025, to the applicant, inter alia, contending therein that the
Central Pension Accounting Office(CAPO), New Delhi, had observed that the
applicant was authorized his basic pension at the maximum stage as eligible to
a High Court Judge under the Pension Payment Order(PPO) being PPO No.
707010100019 and further, that the basic pension authorized to him under the
Pension Payment Order being PPO No. 498010400037, had become 'NIL'.
Accordingly, it was intimated to the applicant that the pension authorized to
him under the PPO No. 498010400037, was being stopped w.e.f. February,
2025. The applicant, herein, was required to arrange an amount of Rs.
57,30,226/-, in his pension crediting Bank Account No. 10282098044,
maintained with the State Bank of India(SBI), South Guwahati Branch, i.e.
respondent No. 6, so as to facilitate refund of the same to Central Pension
Accounting Office(CAPO), New Delhi.
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The said communication, dated 28.01.2025, was followed by a further
communication, dated 12.02.2025, wherein, reiterating the contentions made
in the earlier communication, dated 28.01.2025; the applicant was requested
to arrange for the fund of Rs. 57,30,226/- in his pension crediting account so
as to facilitate refund of the same to the Central Pension Accounting Office,
New Delhi, i.e. respondent No. 2.
The applicant, herein, raised his objections in the matter, with the
authority issuing the communications, dated 28.01.2025, and 12.02.2025,
respectively, but no response was received thereon.
The applicant, thereafter, as a petitioner, approached this Court by way of
instituting a writ petition being WP(c)2531/2025, assailing the actions on the
part of the respondent authorities in stopping his pension which was so
authorized to him, under the Pension Payment Order No. 498010400037. The
applicant, herein, also assailed the impugned communications, dated
28.01.2025, and 12.02.2025.
A co-ordinate Bench of this Court, on considering the issue arising in the
matter, had, vide order, dated 14.05.2025, issued notices to the respondents
in the matter and in the meantime, was pleased to direct that until disposal of
the said writ petition; no recovery shall be effected from the petitioner
pursuant to the communications, dated 28.01.2025, and 12.02.2025.
After passing of the order, dated 14.05.2025; the appellant, in the evening
hours of 16.05.2025, had received a copy of the letter, dated 09.05.2025,
from the Assistant General Manager, Centralized Pension Processing Centre,
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Guwahati, i.e. respondent No. 3, wherein, it was contended that the
respondent No. 3 had already recovered the alleged excess pension drawn by
the applicant to the tune of Rs. 57,30,226/-, from the applicant's Savings
Bank Accounts No. 10282098044, and 102823990633, maintained with the
State Bank of India(SBI), South Guwahati Branch, i.e. respondent No. 6, and
the State Bank of India(SBI), Pan Bazar Main Branch, Guwahati, i.e.
respondent No. 9, respectively.
It was further contended in the said communication, dated 09.05.2025,
that the said amount of Rs. 57,30,226/-, so debited from the applicant's
aforesaid accounts, was remitted to the Central Pension Accounting Office,
New Delhi, i.e. respondent No. 2, herein.
The applicant, herein, vide his communication, dated 17.05.2025, objected
to such debits of an amount of Rs. 57,30,226/-, being effected from his
Savings Bank Accounts Nos. 10282098044, and 102823990633, maintained
with the State Bank of India(SBI), South Guwahati Branch, i.e. respondent No.
6, and State Bank of India(SBI), Pan Bazar Main Branch, Guwahati, i.e.
respondent No. 9, respectively, without notice and in violation of the directions
passed by this Court vide order, dated 14.05.2025, in WP(c)2531/2025, and
demanded reversal of the debits so made.
Being aggrieved with such debits made inspite of the directions passed by
this Court vide the order, dated 14.05.2025, in the connected writ petition
being WP(c)2531/ 2025, the applicant, herein, has instituted the present
interlocutory application.
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4. This Court, noticing the contentions raised in this interlocutory
application as well as in the said writ petition, had, vide order, dated
26.05.2025, passed in the present interlocutory application, recorded the
following observations:
"The respondents have acted under the presumption that the applicant cannot
get pension for both the services i.e. as High Court Judge and Vice Chairman of the
CAT, Guwahati and after clubbing the same have concluded that the applicant is only
entitled for pension of a High Court Judge and is not entitled for pension for his
engagement as Vice Chairman of Central Administrative Tribunal.
Prima-facie, we are of the view that the action of the contesting respondents is
not in accordance with law. The matter is already settled up to the Hon'ble Supreme
Court [See: Union of India & Ors. Vs. Pratibha Bonnerjea & Anr., reported in (1995) 6
SCC 765; Union of India Vs. K.B. Khare & Ors., reported in 1994 Supp(3) SCC 502;
Justice P. Venugopal Vs. Union of India & Ors,, reported in AIR 2003 SC 3887 and
decision passed by the Single Bench of the Kerala High Court in WP(C)
No.46604/2019(A) (K. Balakrishnan Nair vs. Union of India & Ors.), reported in 2020 0
Supreme (Ker) 153], wherein it is held that both the services i.e as High Court Judge
and Chairman/Vice Chairman/Member of Central Administrative Tribunal cannot be
clubbed."
5. The respondents, more particularly, the respondents No. 2, 3 & 6, have
entered appearance and also filed their respective affidavits in the manner.
6. Mr. Goswami, learned senior counsel, appearing for the applicant, herein,
has submitted that the debit so made from the applicant's Savings Bank
Accounts No. 10282098044, and 102823990633, maintained with the State
Bank of India (SBI), South Guwahati Branch, i.e. respondent No. 6, and State
Bank of India(SBI), Pan Bazar Main Branch, Guwahati, i.e. respondent No. 9,
respectively; was so made without any prior intimation about such a debit
being made, to the applicant and the learned senior counsel has also
submitted that such debits were so made in clear violation of the directions
passed by this Court vide order, dated 14.05.2025, in WP(c)2531/2025.
7. Mr. Goswami, learned senior counsel, has further contended that the
Page No.# 9/19
pension sanctioning authority with regard to the pension authorised to the
applicant, herein, for the services rendered by him as the Vice-Chairman of
the Central Administrative Tribunal(CAT), Guwahati Bench, had not issued any
communication requiring the disbursing authorities to stop the pension drawn
by the applicant under the PPO No. 498010400037. Further, it is highlighted
that the pension sanctioning authority has also not directed for the recovery of
the amounts of pension credited in the account of the applicant during the
long years after the issuance of the said PPO No. 498010400037.
8. Accordingly, Mr. Goswami, learned senior counsel, has submitted that in
view of the directions passed by this Court in the connected writ petition being
WP(c)2531/2025, vide order, dated 14.05.2025, not to effect any recovery in
terms of the communications impugned therein; it was not open for the
respondents, herein, to effect any such recovery from the Savings Bank
Accounts of the applicant, herein. Mr. Goswami, learned senior counsel, has
further highlighted that the accounts maintained with the respondent No. 9,
had no connection with the pension payments received by the applicant,
inasmuch as, the said pension was being credited to his Savings Bank Account
No. 10282098044, maintained with the State Bank of India(SBI), South
Guwahati Branch, i.e. respondent No. 6.
9. Mr. Goswami, learned senior counsel for the applicant, in the above
premises, has submitted that a direction is now required to be issued upon the
respondents, to reverse the debits so made from the Savings bank account of
the applicant bearing Nos. 10282098044 and 10823990633 maintained with
the respondents No. 6 & 9 Banks.
10. Per contra, Mr. Dutta, learned counsel, appearing on behalf of
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respondents No. 3, 6 & 9, has submitted that the debit so made from the
Savings Bank Accounts of the applicant, was so made in terms of the
directions issued in this connection by the Central Pension Accounting Office,
New Delhi, i.e. respondent No. 2. The learned counsel has further submitted
that such debit was required to be made in terms of the audit report
submitted pursuant to the annual audit carried-out for the financial years
2023-2024 and 2024-2025, by the Central Pension Accounting Office, New
Delhi, i.e. respondent No. 2, w.e.f. 26.02.2024 to 01.03.2024; and
16.12.2024 to 20.12.2024, respectively.
11. Mr. Dutta, learned counsel, has further submitted that the amount so
debited, was credited in the Government account under the directions of the
Central Pension Accounting Office, New Delhi, i.e. respondent No. 2. Mr. Dutta,
learned counsel, by referring to the affidavit filed in the matter on behalf of
respondents No. 3 & 6, has submitted that the debits, in question, were made
from the Savings Bank Accounts of the applicant maintained with the
respondents No. 6 & 9, on 09.05.2025, and the total amount so debited i.e.
Rs. 57,30,226/-, was credited to the Government account by the system
under the Head "Recovery" in the morning hours of 16.05.2025.
12. Mr. Dutta, learned counsel for respondents No. 3, 6 & 9, has, however,
submitted that in the event, this Court directs the Central Pension Accounting
Office, New Delhi, i.e. respondent No. 2, to refund the amount of Rs.
57,30,226/-, recovered from the Savings Bank Accounts of the applicant,
herein, and deposited in Government account; the same shall immediately be
credited to the said accounts of the applicant by the respondents No. 3, 6 and
9.
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13. Ms. Gayan, learned CGC, appearing on behalf of the respondent No. 2,
by referring to the affidavit filed in the matter by the said authority, has
submitted that from the internal audit report submitted to the Central Pension
Accounting Office, New Delhi, i.e. respondent No. 2, having revealed excess
pension being authorised and paid to the applicant, herein, following the
procedure mandated; the said excess amount was required to be so refunded
to the Central Pension Accounting Office, New Delhi, i.e. respondent No. 2.
Accordingly, the debit of the applicant's State Bank of India (SBI) Accounts,
were so made and the amount quantified to be, in excess, was refunded to the
Government account. Ms. Gayan, learned CGC, has further submitted that the
steps taken by the respondent No. 2, in the matter, was so taken strictly in
accordance with the procedure laid down in the matter.
14. We have heard the learned counsels appearing for the parties and also
perused the materials available on record.
15. At the outset, it is to be noticed that the applicant, herein, was being
authorised his pension under 2(two) different Pension Payment Orders(PPOs).
It is also to be noticed that PPO No. 707010100019, was issued by the Office
of the Accountant General(A&E), Assam, authorising to the applicant, his due
pension for the period of service rendered by him as the Judge of this Court.
The respondent No. 5 i.e. Pay & Accounts Office, New Delhi, had authorised to
the applicant, herein, an "Additional Pension", under a Pension Payment Order
being PPO No. 498010400037, for the period of service rendered by him as
the Vice-Chairman of the Central Administrative Tribunal(CAT), Guwahati
Bench, which was so issued basing on the eligibility of the applicant to receive
the same.
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16. On the authorisation of the pension by the said PPOs with effect from
01.11.2011 and 01.11.2003; the applicant, herein, was being regularly paid
his due pension amounts as computed. The applicant was also authorised the
revisions of pension coming into force after issuance of the said PPOs. The
pensions authorised to the applicant, herein, were being deposited in his
Savings Bank Account bearing Account No. 10282098044, maintained with the
State Bank of India(SBI), South Guwahati Branch, i.e. respondent No. 6. The
amount so received by the applicant, herein, as pension, were also accounted
for, in his annual returns filed with the income tax authorities and due income
tax thereof, was also being paid by him till the last financial year.
17. As noticed hereinabove, vide the impugned communications, dated
28.01.2025, and 12.02.2025; the applicant, herein, was informed that the
pension drawn by him under PPO No. 498010400037, would be stopped in
terms of the advice given by the Central Pension Accounting Office, New Delhi,
i.e. respondent No. 2. Further, the applicant was required to arrange for an
amount of Rs. 57,30,226/-, in his pension deposit account for refund of the
excess amount drawn, to the said respondent No. 2. The aforesaid
communications were issued by the Assistant General Manager, Centralized
Pension Processing Centre, Guwahati, i.e. respondent No. 3, herein.
18. Being aggrieved, the applicant, herein, had approached this Court by
way of instituting a writ petition being WP(c)2531/2025. A co-ordinate Bench
of this Court, on considering the issues arising in the matter, vide order, dated
14.05.2025, while issuing notice, had directed that until final disposal of the
petition, no recovery shall be effected from the applicant, pursuant to the
communications, dated 28.01.2025 and 12.02.2025.
Page No.# 13/19
19. The pleadings brought on record on behalf of the respondents No. 3 & 6,
would go to reveal that the Savings Bank Accounts of the applicant maintained
with the State Bank of India, more particularly, with the respondents No. 6 &
9, were debited in the following manner:
While an amount of Rs. 38,62,000/-, was debited from the applicant's
Savings Bank Account No. 10282098044, maintained with the respondent No.
6; a further amount of Rs. 18,68,226/-, was so debited from the Savings bank
account of the applicant bearing Account No. 102823990633 maintained with
the State Bank of India(SBI), Pan Bazar Main Branch, Guwahati, i.e.
respondent No. 9. Accordingly, an amount of Rs. 57,30,226/-, came to be so
debited.
20. At this stage, it is to be noticed that the pension amount authorised to
the appellant, herein, was, all along, being credited in his Savings Bank
Account No. 10282098044, maintained with the respondent No. 6 Bank. From
the pleadings of the respondents No. 3 & 6, it is revealed that the debit from
the said account of the applicant, was so effected on 09.05.2025, while the
remittance of the debited amount, in question, had occasioned only on
16.05.2025. This Court, vide order, dated 14.05.2025, having restrained the
respondent authorities from effecting any recovery from the applicant, herein,
in pursuance of the communications, dated 28.01.2025, and 12.02.2025; the
said amount debited, having not been remitted to the Central Pension
Accounting Office, New Delhi, i.e. respondent No. 2, till 14.05.2025; it was
required of the respondents No. 3, 6 & 9, to reverse such debit and re-credit
the amount involved, to the said bank accounts of the applicant. However, it is
seen that the said course of action was not adopted by the said respondents.
Page No.# 14/19
21. The respondent No. 2 having also filed his pleadings in the present
interlocutory application, the contentions raised, therein; would also require to
be noticed.
22. A perusal of the said affidavit filed by the Central Pension Accounting
Office, New Delhi, i.e. respondent No. 2, herein, would go to reveal that it is
only an authority for disbursing the pension/family pension sanctioned to a
pensioner. The said affidavit further goes to reveal that the pension/family
pension disbursed by it, is so disbursed basing on the sanction granted by the
administrative authority under whom the government servant last served/
retired on the basis of the initial records maintained by them. It is further
contended that the respondent No. 2 has no mandate to sanction and/or to
amend the rates of pension/ family pension sanctioned by the pensioner's last
office.
23. The above being the position and it not having been brought on record
that the pension sanctioning authority of the applicant, insofar as, the pension
authorised to him with regard to the services rendered by him as the Vice-
Chairman of the Central Administrative Tribunal(CAT), Guwahati Bench, i.e.
the respondent No. 5, had issued any direction in this connection, although, it
is evident that the said authority was approached in the matter for a
clarification; we are of the prima facie view that it was not open for the
Central Pension Accounting Office, New Delhi, i.e. respondent No. 2, herein, to
direct for the measures it had so directed in respect of the pension drawn by
the applicant for the period of his service as the Vice-Chairman of the Central
Administrative Tribunal (CAT), Guwahati Bench.
24. The issue as to whether the applicant, herein, was entitled to receive the
Page No.# 15/19
"Additional Pension" authorised to him by the respondent No. 5, under the
Pension Payment Order No. 498010400037, is an issue which would be
required to be so examined in the proceedings of the connected writ petition
being WP(c)2531/2025. In the present order, we are only considering the
action on the part of the respondent authorities in debiting the bank accounts
of the applicant towards recovery of the purported excess pension amount
paid to him.
25. The submission of the learned counsel for the respondents, brings to the
forefront that the amount of Rs. 57,30,226/-, debited from the Savings Bank
Account of the applicant, herein, towards recovery of the pension paid to him
under the PPO No. 498010400037, i.e. the "Additional Pension" authorized to
the applicant for the service rendered by him as the Vice-Chairman of the
Central Administrative Tribunal(CAT), Guwahati Bench, basing on an internal
audit report.
26. Prima facie, we are of the considered view that the reason for recovery
as highlighted by the respondents, on the face of it, is perverse, in-as-much
as, the said "Additional Pension" was continued to be authorized to the
applicant, herein, w.e.f. 01.11.2003, without any objection and such recovery
was so made without any prior intimation to the applicant, herein. Further, no
adjudication seems to have been made by any competent authority/forum
with regard to the issue as to whether the applicant, herein, was entitled, or,
not entitled, to receive the same.
27. The discussions made hereinabove, would go to reveal that inspite of a
direction being passed by the co-ordinate Bench of this Court vide the order,
dated 14.05.2025, restraining the respondent authorities from effecting any
Page No.# 16/19
recovery from the applicant pursuant to the communications, dated
28.01.2025, and 12.02.2025; the recovery being effected has to be held to be
in violation of such a direction passed by this Court in the present
proceedings.
28. At this stage, it is to be noticed that the respondents No. 3 & 6, in their
affidavits, have contended that upon the debit being made from the Savings
bank accounts of the applicant, herein; a communication, dated 09.05.2025,
was issued to him intimating him about such debit being effected. The said
contention has been countered by the applicant, herein, and has demonstrated
that the said communication, dated 09.05.2025, was, in fact, posted on
14.05.2025 and the same was received by the applicant only on 16.05.2025.
29. Accordingly, in view of the materials available on record; we are of the
considered view that the recovery so effected from the applicant, in addition
to being in violation of the directions passed by the co-ordinate Bench of this
Court vide order, dated 14.05.2025, in WP(c)2531/2025; was so made without
affording an opportunity of hearing to the applicant, herein. Further, such
recovery was so made without there being any determination made by an
authority competent to do so, or, by a Court of law, on the issue of entitlement
of the applicant to continue to receive the "Additional Pension". The
communications impugned in the connected writ petition, had only required
the applicant, herein, to arrange for the amount found to have been drawn by
him, in excess. However, in none of the communications, it is found that
applicant was informed that the amounts involved, would be recovered by
debiting the balance available in the Savings Bank Accounts of the applicant,
herein, maintained with the State Bank of India (SBI) Branches i.e.
respondents No. 6 & 9, respectively.
Page No.# 17/19
30. In view of the above discussions; we are of the considered view that the
present interlocutory application is required to be allowed by issuing
appropriate directions to the respondents for reversal of such debit made from
the Savings Bank Accounts of the applicant, herein.
31. Accordingly, the following directions are being issued:
(A). The respondents No. 3, 6 & 9, shall, on or before 23 rd of June,
2025, reverse the debits made from the Savings Bank Accounts No.
10282098044, and 102823990633, of the applicant maintained with the
State Bank of India(SBI), South Guwahati Branch, i.e. respondent No. 6,
and the State Bank of India(SBI), Pan Bazar Main Branch, Guwahati, i.e.
respondent No. 9, respectively, on 09.05.2025; in the following manner:
(i). To reverse the debit of Rs. 38,62,000/- and re-credit the same
to the applicant's Savings Bank Account No. 10282098044
maintained with the State Bank of India(SBI), South Guwahati
Branch, i.e. the respondent No. 6.
(ii). To reverse the debit of Rs. 18,68,226/-, and re-credit the
same to the applicant's Savings Bank Account No. 102823990633,
maintained with the State Bank of India(SBI), Pan Bazar Main
Branch, i.e. the respondent No. 9.
(iii). The respondents No. 6 & 9, while computing the interest due
for the amounts available in the Savings Bank Accounts of the
applicant maintained with them, shall also deem that the amounts
debited therefrom on 09.05.2025, pursuant to the directions issued
Page No.# 18/19
by the Central Pension Accounting Office(CAPO), New Delhi, i.e.
respondent No. 2, to have remained in the accounts of the
applicant, herein.
(iv). On re-credit of the amounts in the Savings Bank Accounts of
the applicant, maintained with the respondents No. 6 & 9, in terms
of the directions passed hereinabove; the applicant would be free
to utilize the same as per his discretion and the respondents No. 3,
6 & 9, shall not cause any hindrance in this connection.
(B). The respondents No. 3, 6 & 9, are granted liberty to approach the
Central Pension Accounting Office (CAPO), New Delhi, i.e. respondent
No. 2, for refund of the amount of Rs. 57,30,226/-, deposited in the
Government account on the same being debited from the Savings Bank
Accounts of the applicant, herein. On such approach being made; the
said respondent No. 2 shall facilitate for early refund of the said amount
to the respondents No. 3, 6 & 9.
(C). It is, however, clarified that the reversal of the debits made from
the Savings Bank Accounts of the applicant, herein, as per the directions
passed hereinabove; shall be made by the respondents No. 3, 6 & 9, on
or before 23rd of June, 2025, and the same shall not be dependent on
the refund of the amount by the respondent No. 2 i.e. Central Pension
Accounting Office(CAPO), New Delhi.
(D). The directions passed hereinabove, shall be subject to the final
outcome of the proceedings in WP(c)2531/2025.
Page No.# 19/19
32. The observations made in the present order, having been made only for
the purpose of considering the issues arising in the present interlocutory
application, the same would have no bearing during the consideration of the
issues arising in the connected writ petition being WP(c)2531/2025.
33. With the above observations and directions, the present interlocutory
application stands disposed of.
JUDGE CHIEF JUSTICE(ACTING)
Comparing Assistant
