Bombay high court rebukes pension delay, directs payment to ex-army man with interest | Mumbai News

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Bombay high court rebukes pension delay, directs payment to ex-army man with interest

Mumbai: In a relief for an Army veteran (80) who was denied a pension for two years for not submitting a life certificate, the Bombay High Court directed that the arrears should be paid to him with interest.“Insistence on a life certificate for the period from Jan 2021 to Jan 2023, in the face of payment of pension for the subsequent years on the basis of a life certificate produced by the petitioner in Feb 2023, renders the action on the part of respondent No.1 irrational,” said Justices Makarand Karnik and Nitin Borkar on June 25. They directed the senior accounts officer, Principal Controller of Defence (Accounts), Allahabad, to pay “interest at the rate of 6% per annum from Jan 1, 2021, till actual payment.“Krishnakutty Ramachandran resides in Walkeshwar with his daughter and son-in-law. His petition said he was injured in 1971 war and was sanctioned disability pension. During the Covid pandemic, he lost his wife. He went to Dubai to live with his son from February 19, 2021, and returned on February 1, 2023. He realised his pension account was not credited from Jan 2021 to Jan 2023. He learnt from Canara Bank, Andheri (W) branch, that his pension was stopped due to non-submission of a life certificate. He immediately wrote to the senior accounts officer with documents claiming Rs 2.72 lakh arrears. Despite his requests, the amount was not released.His advocate, Mamta Sadh, referred to the bank’s May 12, 2023, letter. It stated that upon submitting a life certificate for 2019-2020, Ramachandran received a pension till Dec 2020. It was stopped due to non-submission of a life certificate. Upon receiving the life certificate, pension was restarted from Feb 1, 2023, onwards. The bank had requested the senior accounts officer to permit it to pay Ramachandran arrears for two years.The judges said the insistence on a life certificate for the two-year period is “illogical.” “Submitting a life certificate may be a valid requirement…there is absolutely no propriety in depriving pensionary benefits to the petitioner” from Jan 2021 to Jan 2023. “In this view of the matter and looking at the age of the petitioner,” they allowed Ramachandran’s petition directing pension arrears to be credited to his account within two months. They also “made it clear that if the arrears along with interest are not paid within the stipulated time, “this Court may be inclined to award a higher rate of interest in that case when the matter is listed for compliance” on Aug 29. Mumbai: In a relief for an Army veteran (80) who was denied a pension for two years for not submitting a life certificate, the Bombay High Court directed that the arrears should be paid to him with interest.“Insistence on a life certificate for the period from Jan 2021 to Jan 2023, in the face of payment of pension for the subsequent years on the basis of a life certificate produced by the petitioner in Feb 2023, renders the action on the part of respondent No.1 irrational,” said Justices Makarand Karnik and Nitin Borkar on June 25. They directed the senior accounts officer, Principal Controller of Defence (Accounts), Allahabad, to pay “interest at the rate of 6% per annum from Jan 1, 2021, till actual payment.“Krishnakutty Ramachandran resides in Walkeshwar with his daughter and son-in-law. His petition said he was injured in 1971 war and was sanctioned disability pension. During the Covid pandemic, he lost his wife. He went to Dubai to live with his son from February 19, 2021, and returned on February 1, 2023. He realised his pension account was not credited from Jan 2021 to Jan 2023. He learnt from Canara Bank, Andheri (W) branch, that his pension was stopped due to non-submission of a life certificate. He immediately wrote to the senior accounts officer with documents claiming Rs 2.72 lakh arrears. Despite his requests, the amount was not released.His advocate, Mamta Sadh, referred to the bank’s May 12, 2023, letter. It stated that upon submitting a life certificate for 2019-2020, Ramachandran received a pension till Dec 2020. It was stopped due to non-submission of a life certificate. Upon receiving the life certificate, pension was restarted from Feb 1, 2023, onwards. The bank had requested the senior accounts officer to permit it to pay Ramachandran arrears for two years.The judges said the insistence on a life certificate for the two-year period is “illogical.” “Submitting a life certificate may be a valid requirement…there is absolutely no propriety in depriving pensionary benefits to the petitioner” from Jan 2021 to Jan 2023. “In this view of the matter and looking at the age of the petitioner,” they allowed Ramachandran’s petition directing pension arrears to be credited to his account within two months. They also “made it clear that if the arrears along with interest are not paid within the stipulated time, “this Court may be inclined to award a higher rate of interest in that case when the matter is listed for compliance” on Aug 29.





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