Revision of pension

K.S.Srinivas (Querist) 14 September 2012 This query is : Resolved
AP Power Distribution Company is a state Government of AP undertaking. In this company LDC is the initial cadre post and UDC is the first level promotion and Junior Accounts Officer (JAO) is the second level promotion. In the service rules a clause is provided for 25% of sanctioned posts of Junior Accounts Officer can be appointed through direct recruitment.

Certain candidates were initially appointed through direct recruitment as Junior Accounts Officers in May 2002 on yearly contract basis for a period of two years and these candidates were regularly appointed in May 2004. Seniority was given w.e.f. May 2004.

In October 2002 certain UDCs were promoted as Junior Accounts Officers and the seniority of these candidates was reckoned w.e.f. October 2002.

In the final seniority list promotee JAOs (promoted in October 2002) were placed above the the direct recruitee JAO regularly appointed in May 2004. Based on this seniority list some of the promotee JAOs were promoted as Assistant Accounts Officers (AAOs)and retired from service on or before December 2010.

In the year 2011 seniority list of JAOs was revised notionally placing the direct recruitee JAOs above the promotee JAOs by taking the initial date of appointment on yearly contract basis i.e.,May 2002 (by giving weightage for the contract service also for the purpose of seniority).

In the meantime some of the AAOs promoted (based on the original seniority list) from JAO cadre were retired and their pensionary benefits were settled. Now due to revision of seniority list of JAOs in the year 2011, some of the retired AAOs were ordered to be reverted to the lower post i.e., JAO and their pensionary benefits were also revised andreduced due to reversion.

It is requested to clarify whether (1)revision and reduction of pensionary benefits in respect of the retired AAOs is valid or not as they have actually worked in the cadre of AAOs and based on their last pay drawn, their pensionary benefits were settled.
(2) Can the revision of pension orders be challenged? If so please suggest the grounds and any case laws on this type of orders.

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Anish Thakur 7018812737 (Expert) 15 September 2012
once a person is retired then his post can be reviewed is the query or commision is based from back date but his pension benefits can not be reviewed as per his post he is retired no matter he is retired in any post as per my knowledge and there are many similar case laws,free to call on 9459321520 if you have left any query.

Sudhir Kumar, Advocate (Expert) 15 September 2012
You case appears to have been retired from a on which you were post erroneouly promoted. It appears that the terminal benefits have been settled accordingly and due to retrospective review of promotions you stand reverted from back date.

Reduction of pension in such case cannot be made (i) without orders of President /Governor in case of state Govt job. (ii) after show cause notice.

The reduction is per-say illegal.

Guest (Expert) 15 September 2012
If not a provisional pension, reduction in pension cannot be made, except as a penalty after finalisation of disciplinary action.

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