Facts
The applicant, a retired employee aged over 60 years, challenged the action of the respondents (BSNL and the Department of Telecommunications) in withholding his monthly pension and pensionary benefits since August 2025
Source reference: p.3, para. 2The respondents cited a "minor discrepancy" in the applicant's name within his service records as the basis for the stoppage
Source reference: p.3, para. 2The applicant contended that he had already settled the discrepancy in accordance with the norms and procedures established by the Government of India
Source reference: p.3, para. 2Despite numerous representations, the respondents failed to release the benefits, leading the applicant to seek a direction for the release of dues with 24% interest
Source reference: p.3, para. 1-2Issues
1. Whether the respondents are legally obligated to release the withheld pensionary benefits if the name discrepancy was rectified as per the prescribed government guidelines
Source reference: p.3, para. 32. Whether the Tribunal should direct a time-bound consideration of the applicant's representation regarding the correction of name and release of pension
Source reference: p.4, para. 3-5Law Applied
The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985
Source reference: p.3, para. 1guidelines issued by the Government of India, Ministry of Personnel, Public Grievances Pensions (Department of Personnel Training) via Office Memorandum dated 12.03.1987, which establishes the official procedure for the correction of an employee's name in service records
Source reference: p.4, para. 3Reasoning
The Tribunal observed that the prayer was limited to the release of withheld pension, which is a fundamental livelihood issue for a senior citizen
Source reference: p.3-4, para. 2-3It determined that the matter could be resolved at the admission stage by directing the respondents to verify the applicant's compliance with the relevant 1987 Office Memorandum
Source reference: p.4, para. 3The Court reasoned that if the applicant had indeed followed the prescribed procedure for name correction, there was no legal justification for the continued withholding of his pension
Source reference: p.4, para. 3The Tribunal emphasized the need for a "reasoned and speaking order" to ensure administrative accountability and transparency in addressing the applicant's grievances
Source reference: p.4, para. 4Holding
The Tribunal disposed of the Original Application with a direction to respondents No. 2 to 4 to consider the applicant's case for name correction as "settled" if it aligns with the Office Memorandum dated 12.03.1987
the respondents were directed to allow the release of the monthly pension withheld since August 2025
Source reference: p.4, para. 3The Tribunal ordered the respondents to pass a reasoned and speaking order within six weeks and communicate the same to the applicant
Source reference: p.4, para. 4-5No costs were awarded
Source reference: p.4, para. 6Original Court PDF
SAMIR RAINAvsUNION OF INDIA
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