Thursday, March 20, 2014

Recovery of excess amount paid to pre-1996 retirees

Recovery of excess amount paid to pre-1996 retirees.

No. F(E)III/2009/PN1/8 pt.
New Delhi, dated 28-02-2014.
The General Secretary,
4, State Entry Road,
New Delhi -110055.

Dear Sir,

Sub: Recovery of excess amount paid to pre-1996 retirees.

I am directed to refer to your letter No.AIRF/44(29) ated 03.02.2014 on the above subject.

2. In this regard it is slated that clarificatory instructions dated 02.02.2010 & 18.03.2010 were issued to all the Zonal Railways for correction of the error committed by some of the Zonal Railways while revising pension/family pension of such of the pre-1996 retirees of the 4th CPC scale of pay of Rs.1400-2300 w.e.f. 01.01.1996/01.01.2006. The Zonal Railways were advised that the corresponding scale in 5th CPC and Pay Band and Grade Pay in 6th CPC to the 4th CPC scale of pay of Rs.1400-2300 is Rs. 4500-7000 and PB-1+ GP 2800 respectively.

3. When the corrective action was taken by Zonal Railways, some of the pensioners approached different CAT benches praying for restoration of their incorrect pension/family pension and for stoppage of recovery. In almost all the cases, the Hon’ble CAT has upheld the action of the Zonal Railways for correct revision of pension/family pension. On recovery aspect, in few cases, CATs have observed that since there was no misrepresentation on the part of the railway servants, no recovery be made.

4. In three of such cases, the Railway has filed writ petition against the order of the CAT challenging the stoppage of recovery ordered by CATs, which are still pending before High Courts. As such, any decision in regard to recovery or otherwise can only be taken after the judgment in The said cases are pronounced.

Yours faithfully,
for Secretary/Railway Board


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