Patna High Court
Sri Abdul Karim vs The Union Of India Through The ... on 22 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1103 of 2021
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Sri Abdul Karim Son of Gani Mohammad, Resident of House NO. 56 KA,
Railway Gumti No. 106, near N.H.-28, Bariya, P.O.-Kolhua Paigambarpur,
P.S.-Ahiyapur, District-Muzaffarpur-843108.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman, Ministry of Communication and
Information Technology, Department of Tele Communication, New Delhi.
2. The Principal Controller Communication Accounts, Kolkata, 8 Hare Street,
Telephone House, Kolkata-700001.
3. The Controller of Communication Accounts Bihar Circle, C.C.A. Building
Sanchar Parisar, Budh Marg, Patna-800001.
4. The General Manager, Deptt. of Tele Communication, Muzaffarpur.
5. The Chief Manager, Centralised Pension Processing Cell, SBI, Patna-
800001.
6. The Assistant General Manager, Centralised Pension Processing Centre, SBI
Administrative Building, 4th Floor Zonal Office, Judge Court Road, Patna-
800001.
7. The Branch Manager, State Bank of India, Red Cross, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mahesh Prasad, Advocate
For the Respondent/s : Dr. K. N. Singh, ASG
Mr. Shyamal Krishna Sinha, Advocate
Mr. Mukind Jee, Advocate
Mr. Rakesh Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 22-04-2022
Heard learned counsel for the respective parties through
virtual court proceedings.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) For issuance of the appropriate
writ/writs in the nature of mandamus directing and
Patna High Court CWJC No.1103 of 2021 dt.22-04-2022
commanding the respondent concerned for refund of
the illegal recovered amount of Rs. 9,88,063/- to the
SBI, Muzaffarpur (00138) Accounts No.
10876136780/PPO no. deduction from the pension
account of a retired employee is contrary to the
Swamy's C.C.S.(Pension) Rules, R-61 (6) and the
settled Principal of Law in the Dharampal Singh Case
by the Hon'ble Punjab and Haryana high Court and the
Rafiq Masih case vide 2015 (4) SCC 334 by the
Hon'ble Supreme Court.
(ii) For issuance of the appropriate
writ/writs in the nature of certiorari by setting aside the
alleged telecom department letter no. CCABR/3-
PEN/161756 DT 001216 due to excess DA amount
paid and the RBI Master Circular No. RBI/2017-
15/1DGBA, GBD No.1/31.5.001/2017-18 dated
01.07.2017 contained in letter no.
CPPC/AGM/GEN/TELE/BK/2020-21/135 dated
22.05.2020 issued by the respondent no. 5. This letter
is illegal, arbitrary and malicious as the pensionary
benefits are sanctions after a proper calculation and
verification vide Annexure 3 to this petition.
(iii) For any other relief or reliefs and
interest on the illegally recovered amount with the
compensation which the petitioner be found entitled to
be granted as he has unnecessarily been dragged into
and harassed and in the interest of Natural justice."
3. Undisputed facts are that petitioner was an ex
employee of B.S.N.L. He had certain grievance in respect of
service conditions. Therefore, remedy for B.S.N.L
officers/employee is before the jurisdictional Central
Patna High Court CWJC No.1103 of 2021 dt.22-04-2022
Administrative Tribunal in the light of Section 19 of the
Administrative Tribunals Act, 1985 read with L. Chandra Kumar
vs. Union of India and Others reported in (1997) 3 SCC 261.
4. Accordingly, the present petition stands disposed off,
reserving liberty to the petitioner to approach jurisdictional Central
Administrative Tribunal.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 27.04.2022
Transmission Date
