Sri Varghese Daniel Geevarghese Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

Sri Varghese Daniel Geevarghese Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent Nos.3 and 4 to forthwith take all steps to ensure that the arrears of pension payable to the petitioner (December 2019 to February 2022) are paid within one month from the date of receipt of a certified copy of the Order.

Issue for consideration

Whether respondent Nos.3 and 4 should be directed (by writ of mandamus) to pay/release the arrears of pension for December 2019 to February 2022 withheld from the petitioner, a retired Army pensioner. +1 more

Court's answer

A pensioner who was paid pension till December 2019 and whose account became inactive only because he was abroad was lawfully entitled to the arrears; having resumed payment from March 2022, the respondents were bound in the ordinary course to take all steps to ensure payment of the arrears.

Ratio / Principle

The respondents' contention that the petitioner must produce a non-conviction certificate from the nearest police station, non-re-marriage certificate, last pay certificate and copies of Aadhaar card and PAN card was deprecated as a ridiculous attempt to deny the petitioner's legitimate right.

Key takeaways

The writ petition was disposed of directing respondent Nos.3 and 4 to forthwith take all steps to ensure that the arrears of pension payable to the petitioner are paid within one month from the date of receipt of a certified copy of the Order.ratio¶44

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (NC: 2025:KHC:17051), W.P. No. 27685 of 2023 (S-R), R. Nataraj, J., decided 24 April 2025 — Article 226 / defence pension arrears. An 83/85-year-old Army veteran (retired 1981), drawing pension through the Central Bank of India, Pulikeezu branch (respondent No.3) from PCDA (Pensions), Allahabad (respondent No.4), had his pension abruptly stopped from December 2019 while he was stranded in Australia owing to COVID-19 restrictions, returning only on 28.12.2021. After a life certificate was submitted on 08.01.2022 the account was activated and pension was paid from March 2022, but arrears for December 2019–February 2022 (Rs.6,12,283.00 prayed for) were withheld despite submission of the I.A.F.(CDA)-651 Form on 28.04.2022 and repeated representations; a Banking Ombudsman complaint yielded a Rs.25,000/- fine on the bank, credited to the petitioner. The Court deprecated the demand for a non-conviction certificate, non-re-marriage certificate, last pay certificate and Aadhaar/PAN copies as 'a ridiculous attempt ... to deny the legitimate right of the petitioner', and disposed of the writ petition directing respondent Nos.3 and 4 to forthwith take all steps to pay the arrears within one month from receipt of a certified copy of the Order. No precedents cited or discussed.

1 - NC: 2025:KHC:17051 WP No. 27685 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 27685 OF 2023 (S-R)

BETWEEN:

SRI VARGHESE DANIEL GEEVARGHESE S/O GEEVARGHESE DANIEL, AGED ABOUT 83 YEARS, RESIDING AT IV 13, 2^ND CROSS, EBENEZER VILLA, H P NAGAR, BANGARPET TALUK, KOLAR DISTRICT-563 115.

…PETITIONER

(BY SRI. CHETHAN A., ADVOCATE)

AND:

UNION OF INDIA

Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONAL AND TRAINING MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK, NEW DELHI-110 001.

THE CHIEF MANAGER CENTRAL BANK OF INDIA (CPPC) OFF AT: 2^ND FLOOR, MMO BUILDING, M G ROAD, FORT MUMBAI-400 023.

THE MANAGER CENTRAL BANK OF INDIA, ST. MARY'S ORTHODOX CHURCH BLD, VALANJAVATTOM POST, PULIKEEZU BRANCH, PATHANAMTHITTA DISTRICT, KERALA-689 104.

THE PRINCIPAL CONTROLLER OF DEFENCE OFFICE OF THE PRINCIPAL CONTROLLER OF DEFENCE,

2 - NC: 2025:KHC:17051 WP No. 27685 of 2023

ACCOUNTS (PENSION) DROUPADIGAT, ALLAHABAD-211 014.

…RESPONDENTS

(BY SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR RESPONDENT NOS.1 AND 4;

SRI. PRADEEP S. SAWKAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 AND NO.4 TO PAY/RELEASE THE ARREARS OF PENSION AMOUNT OF RS.6,12,283.00 (FROM DECEMBER 2019 TO FEBRUARY 2022) ALONG WITH DEARNESS RELIEF, THAT IS HELD IN THEIR CUSTODY TO THE PETITIONER WITH ACCRUED INTEREST AND GRANT COMPENSATION AND DAMAGES FOR CAUSING LOSS AND INCONVENIENCE TO THE PETITIONER BY WAY OF INTEREST AT THE RATE OF 18% PER ANNUM FROM THE DATE OF DUE TILL REALIZATION IN A TIME BOUND MANNER.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of mandamus to direct respondent Nos.3 and 4 to pay/release the arrears of pension amount for the period December, 2019 to February, 2022.

NC: 2025:KHC:17051 WP No. 27685 of 2023

3 -

The petitioner retired from service from the Indian Army in the year 1981. He was drawing pension from respondent No.4 through an account maintained with respondent No.3 in Account No.1284911579. He claims that he received pension till November, 2019. Thereafter, he travelled

to Australia to meet his son and grandchildren on 27.12.2019. However, due to COVID-19 pandemic and restrictions, he had to stay back at Australia for a period of two years. The respondents abruptly stopped his pension from December, 2019. Therefore, after his return to India, he filed representation before respondent No.3 seeking release of the pension and benefits that was not paid since he left India. The petitioner was informed that his account was inactive and inoperative and therefore, directed him to submit a life certificate. As per their advise, the petitioner submitted his life certificate on 08.01.2022. His account was activated and pension amount was credited into his account from March, 2022 and onwards. However, the arrears of pension between December, 2019 to February, 2022 was not paid. On enquiry, respondent No.3 disclosed that the petitioner had to submit his I.A.F.(CDA)-651 Form and accordingly, the petitioner submitted

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I.A.F.(CDA)-651 Form on 28.04.2022 before respondent No.3 by mentioning the approximate pension amount. Respondent No.3 e-mailed to the petitioner again for certain documents. The petitioner submitted a representation and furnished documents on 05.05.2022 and requested to forward it to respondent No.4 as per the guidelines mentioned in I.A.F.(CDA)-651. Despite furnishing all the relevant documents, respondent No.3 again sent e-mail on 05.08.2022 calling for certain documents even without disclosing why they were necessary. The petitioner then furnished documents and requested them to forward the same to respondent No.4 for future needful action. Despite several representations, respondent Nos.3 and 4 have failed to release arrears of pension. Therefore, he lodged a complaint before the Banking Ombudsman of Reserve Bank of India on 08.01.2023. Ombudsman enquired into the matter and imposed a fine of Rs.25,000/- on respondent No.3, which was credited into the account of the petitioner. Respondent Nos.3 and 4 thereafter made the petitioner to run from pillar to post. The petitioner therefore, submitted a representation dated 20.05.2023 to O.I/C Records, EME Record Office stating the reasons for his

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travel to Australia and explaining his helplessness and prayed indulgence of the respondents to intervene and ensure the payment of arrears of pension. The respondent No.4 thereafter sent a notice dated 03.07.2023 to respondent No.2 as well as the petitioner calling upon the petitioner to produce some documents that were already submitted. In reply, the petitioner addressed a notice on 14.09.2023 to respondent Nos.2 and 4 enclosing therewith all the relevant documents and requested to pay the arrears of pension for the month of December, 2019 to February 2022. Since the respondents have not taken any action, the petitioner is before this Court.

The learned counsel for the petitioner reiterated the above contentions and submitted that the petitioner is paid pension from the month of March, 2022 to till date and the petitioner is only aggrieved by the inaction of respondents in not releasing the arrears of pension for the period December, 2019 to February 2022.

The writ petition is opposed by the learned counsel

for the respondent Nos.1 and 4 and learned counsel for respondent Nos.2 and 3, who contend that the petitioner was

6 - NC: 2025:KHC:17051 WP No. 27685 of 2023

required to produce the documents as stated in the letter addressed by respondent No.4 to respondent No.2 dated 03.07.2023. He submits that if the petitioner produce these documents, the respondents would take immediate steps for payment of arrears of pension.

I have considered the submissions of the learned counsel for the petitioner as well as the learned counsel for respondent Nos.1 and 4 and learned counsel for respondent Nos.2 and 3.

It is sad that a 85 years old man is made to run from pillar to post for getting arrears of pension for which he was lawfully entitled to. The petitioner was paid the pension till December, 2019 and thereafter, his account became inactive as he was not in India. The petitioner has placed on record the passport, which shows that the petitioner had traveled to Australia in the year 2019 and returned to India only on 28.12.2021. The respondents have taken steps for payment of pension amount from March, 2022 and therefore, in the ordinary course, the respondents must have taken all steps to ensure that the petitioner is paid arrears of pension. The

7 - NC: 2025:KHC:17051 WP No. 27685 of 2023

contention of the learned counsel for the respondent Nos.1 and 4 and learned counsel for respondent Nos.2 and 3 that the petitioner is bound to produce non-conviction certificate from the nearest police station and non-re-marriage certificate, last pay certificate along with a copy of Aadhaar card and PAN card, are a ridiculous attempt on the part of respondents to deny the legitimate right of the petitioner.

In that view of the matter, this writ petition stands disposed off directing respondent Nos.3 and 4 to forthwith take all steps to ensure that the arrears of pension payable to the petitioner is paid within one month from the date of receipt of a certified copy of this Order.

Sd/(R. NATARAJ) JUDGE

PMR

List No.: 1 Sl No.: 49

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner retired from the Indian Army in 1981 and drew pension from respondent No.4 through Account No.1284911579 maintained with respondent No.3.¶29
Prior proceeding
Petitioner received pension till November, 2019.¶29
Prior proceeding
Petitioner travelled to Australia on 27.12.2019 and stayed back about two years due to COVID-19 pandemic restrictions; respondents abruptly stopped his pension from December, 2019.¶30
Prior proceeding
Account found inactive/inoperative; life certificate submitted on 08.01.2022; account activated and pension credited from March, 2022 onwards, but arrears for December 2019 to February 2022 not paid.¶30
Prior proceeding
On respondent No.3's indication, petitioner submitted I.A.F.(CDA)-651 Form on 28.04.2022 before respondent No.3 mentioning the approximate pension amount.¶32
Prior proceeding
Petitioner furnished documents on 05.05.2022 seeking forwarding to respondent No.4 as per I.A.F.(CDA)-651 guidelines; respondent No.3 again e-mailed on 05.08.2022 calling for certain documents.¶32
Prior proceeding
Petitioner lodged a complaint before the Banking Ombudsman of Reserve Bank of India on 08.01.2023.¶32
Prior proceeding
Banking Ombudsman imposed a fine of Rs.25,000/- on respondent No.3, which was credited into the petitioner's account.¶32
Prior proceeding
Petitioner submitted a representation dated 20.05.2023 to O.I/C Records, EME Record Office stating reasons for his travel to Australia and seeking intervention for payment of arrears.¶32
Prior proceeding
Respondent No.4 sent a notice dated 03.07.2023 to respondent No.2 and the petitioner calling upon the petitioner to produce documents already submitted.¶34
Prior proceeding
Petitioner replied by notice dated 14.09.2023 to respondent Nos.2 and 4 enclosing all relevant documents and requesting payment of arrears for December 2019 to February 2022.¶34
Prior proceeding
Passport placed on record shows the petitioner travelled to Australia in 2019 and returned to India only on 28.12.2021.¶41