Shobha Singh Yadav & Others vs Union Of India & Others

Pratima K. Gupta, Member, J

The undersigned has joined this Bench online through video conferencing facility.

Shri Lavlesh Shukla, ld. counsel for the applicants and Shri Anurag Shukla vice Shri D.S. Shukla, ld. counsel for the respondents are present.

The short controversy involved in the present matter is that the applicants retired on 31.01.2020 and the last drawn basic pay of the applicants is stated to be Rs.31,520/-. However, the pension of applicants has wrongly been fixed on the basis of last pay as Rs.26,980/-. In this regard, the applicants have preferred the representations on 26.10.2021. However, the respondents have chosen not to respond the same. Ld. counsel submits that the applicants would be satisfied if a direction is given to the said authority to decide their representation within the stipulated time in accordance with the rules and by passing a reasoned and speaking order.

Ld. counsel for the respondents vehemently opposes the O.A. and submits that the pension of the applicants has rightly been fixed and no case is made out by the applicants for interference by this Tribunal. Accordingly, the O.A. which is devoid of merits deserves to be dismissed.

In view of the above, this Tribunal is of the view that no purpose would be served in keeping pending this O.A. as the applicants are confining his relief up to disposal of their representation. Accordingly, the instant O.A. is disposed of with a direction to the competent authority amongst the respondents to decide the representation dated 26.10.2021 (Annexure A-8) within a period of 04 months from the date of this order in accordance with the rules on the subject.

Needless to say that this Bench has not commented upon either the merits of the case or the claim of the applicant.

No order as to cost.