Shila Rani Deb v. The Union of India and 9 Ors

ORDER

18.01.2024

Heard Mr. D. Chakraborty, learned counsel for the petitioner. Also heard Mr. P.K.D. Choudhury, learned Deputy SGI and Mr. P.K. Roy, learned Senior Counsel appearing for the EPF. This writ petition is filed by the petitioner whose husband expired while serving as a Senior Attendant (Aeronautical) at Silchar Airport, Kumbhigram Page No.# 4/6 Cachar, Assam. Initially the petitioner receipt family pension under the Employees' Pension Scheme 1995 which was sanctioned by the Airport Authority. Subsequently, the new Pension Payment Order (PPO) bearing No. 414902100227 was issued to the petitioner, wherein it was provided that the petitioner is now entitled to the enhanced rate of pension of Rs.9,910/- (Rupees Nine Thousand Nine Hundred and Ten) under the CCS (Pension) Rules. Thereafter, the EPF pension which was being received by the petitioner and which was being paid by the Airport Authority of India was stopped with effect from 01.03.2021 in view of the fact that the petitioner will be entitled to receive pension at an enhance rate of Rs.9,910/- (Rupees Nine Thousand Nine Hundred and Ten) under the CCS Pension Rules. The petitioner preferred a representation before the authorities requesting for release of pension at the enhanced rate in terms of the communication dated 12.04.2021. In response to the representation of the petitioner, by a communication dated 28.03.2022 issued by the respondent no.7, namely, Assistant Provident Fund, Commissioner (Pension), the excess amount which was already paid to the petitioner towards pension for the period of 01.03.2021 to 28.03.2022 was sought to be recovered. The petitioner thereafter submitted a representation before the Sectary, Ministry of Civil Aviation, Government of India for release of the enhanced rate of pension under the CCS Pension Rules as communicated earlier. However, since the pension payable to the petitioner was not released to her, the petitioner approached this Court by filing this writ petition praying for a direction to the respondents for release of pension under the CSS Pension Rules and any other such further orders as may be required. In response to the writ petition an affidavit has been filed on behalf of respondent nos.4, 5, 8 & 9. The Airport authority in their affidavit has made an Page No.# 5/6 averment that the petitioner's husband was one of such an employee who was absorbed en-masse into the Airports Authority of India and he was not eligible for the Government pensionary benefits since he had rendered less than 10 years of service in the Civil Aviation Department earlier. That apart, the late husband of the petitioner exercised the option for CCS Pension on 28.12.2017. It is submitted by the learned Senior Counsel for the respondent nos. 6 & 7 that an affidavit has also been filed by the respondent nos. 6 & 7 on

11.01.2024, wherein they have stated that the pension payable to the petitioner under Employees Pension Scheme will also be continued to be paid. There is a categorical averment in the affidavit that the benefits of pension of the EPF Act and EPF Scheme, 1995 being a statutory benefit, this benefit cannot be cancelled or announced to provide any other benefit to substitute thereof. On 07.06.2023 notices in the matter were issued and today when the matter was called up, Mr. RK Dev Choudhury has placed before the Court a communication issued by the Senior Accounts Officer of the Regional Pay and Accounts Office, Government of India, Ministry of Civil Aviation, by which the Office has forwarded the original PPO bearing no.414902100227 along with other relevant documents. Mr. R.K. Dev Choudhury submits that in view of the PPO being issued, the petitioner will be entitled to the family pension on the enhanced rate of Rs.9,910/- (Rupees Nine Thousand Nine Hundred and Ten) with effect from 01.01.2024. It is further mentioned that the arrear pension with effect from 18.09.2009 to 31.12.2023 will also be paid by the said office. In view of the PPO now being issued and the submission of Mr. R.K. Dev Choudhury, learned DSGI that the pension will be released to the petitioner in view of the PPO having been forwarded to the competent authority, this Court therefore does not find any further cause left to urge in the present Page No.# 6/6 proceedings. Accordingly, taking on record the submissions made by Mr. R.K. Dev Choudhury, learned DSGI for the Regional Pay and Accounts Office, that the PPO has already been released along with the arrear as mentioned in the communication enclosed under the cover of the letter dated 09.01.2024, the writ petition stands closed directing the respondents to take all effective steps to proceed for release of pension of the petitioner in terms of the PPO No.414902100227 issued to the writ petitioner. In that view of the matter the writ petition stands closed with the above directions. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010121052023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3260/2023o SHILAoRANIoDEBo WIFEoOFoLATEoAJIToKUMARoDEB,o RESIDENToOFoKUMBHIGRAMoAIRPORToCOLONY,o DISTRICT-oCACHAR,oASSAM,o PIN-o788109. VERSUSo THEoUNIONoOFoINDIAoANDo9oORSo REPRESENTEDoBYoTHEoSECRETARY,o CIVILoAVIATION,oGOVERNMENToOFoINDIA,o RAJIVoGANDHIoBHAWAN,o SAFDARJUNGoAIRPORT,o NEWoDELHI-o110003. 2:THEoSENIORoACCOUNTSoOFFICER oCENTRALoPENSIONoACCOUNTINGoOFFICE oGOVERNMENToOFoINDIA oMINISTRYoOFoCIVILoAVIATION o NETAJIoSUBHASHoCHANDRAoBOSEoINTERNATIONALoAIRPORT o KOLKATA-o700052. 3:THEoSENIORoACCOUNTSoOFFICER oCENTRALoPENSIONoACCOUNTINGoOFFICE oTRIKOOT-II oBHIKAJIoKAMAoPLACE o NEWoDELHI-o110066. 4:THEoGENERALoMANAGERo(HR) PageoNo.#o2/6 oAIRPORTSoAUTHORITYoOFoINDIA oEASTERNoREGION o NETAJIoSUBHASHoCHANDRAoBOSEoINTERNATIONALoAIRPORT o KOLKATA-o700052. 5:THEoDEPUTYoGENRERALoMANAGERo(ATM) oNODALoOFFICER-CADoPENSIONoCELL oRHQ-ER o NETAJIoSUBHASHoCHANDRAoBOSEoINTERNATIONALoAIRPORT o KOLKATA-o700052. 6:THEoASSISTANToPROVIDENToFUNDoCOMMISSIONER oEMPLOYEESoPROVIDENToFUNDoORGANIZATION oREGIONALoOFFICE oN.E.oREGION o G.S.oROAD oBHANGAGARH o GUWAHATI-o781005. 7:THEoASSISTANToPROVIDENToFUNDoCOMMISSIONERo(PENSION) oEMPLOYEESoPROVIDENToFUNDoORGANIZATION oSUB-REGIONALoOFFICE o BHAVISHYANIDHIoBHAWAN o G.S.oROAD oNEARoBHARALUoBRIDGE o BHANGAGARH oGUWAHATI-o781005. 8:THEoASSISTANToGENERALoMANAGERo(HR) oREGIONALoHEADoQUARTER oNER oLGBIoAIRPORT oGUWAHATI oASSAM o PIN-o781015. 9:THEoAIRPORToDIRECTOR oAIRPORTSoAUTHORITYoOFoINDIA Page No.# 3/6 SILCHAR AIRPORT KUMBHIGRAM DISTRICT- CACHAR ASSAM. 10:THE STATE BANK OF INDIA AFS KUMBHIGRAM CACHAR SILCHAR REPRESENTED BY THE BRANCH MANAGER. 11:THE SECRETARY MINISTRY OF PERSONAL PUBLIC GRIEVANCES AND PENSION DEPARTMENT OF PENSION AND PENSIONER S WELFARE LOK NAYAK BHAWAN KHAN MARKET NEW DELHI-110003 Advocate for the Petitioner : MR. D CHAKRABARTY Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA