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    Rakesh Kumar v. Union Of India

    1. Heard Shri Pankaj Kumar Shukla, Ld. Counsel for the applicant and Shri Ashish Kumar Singh, Ld. Counsel for the respondents.

    2. Shri Rajiv Tiwari, Accounts Officer, Principal Controller of Defence Accounts (Pension), Prayagraj (Allahabad) is also present.

    3. It is submitted by the Ld. Counsel for the applicant that in compliance of the order dated 17.10.2018 in Original Application No. 225 of 2018 the P.P.O. was issued on 28.05.2019 entitling applicant to draw interest on arrears from 04.12.2014 and, accordingly, interest was credited in applicant's account. However, after two years of the issuance of the aforesaid P.P.O. a Corrigendum P.P.O. has been issued on 16.07.2021 directing therein that interest on arrears is payable with effect from the date of order i.e. 17.10.2018. He submits that once the P.P.O. being issued in terms of the order the respondents could not have issued a Corrigendum P.P.O. stating therein that interest will be payable from the date of order, more so, when there is nothing like so in the order itself. He further submits that in compliance of the subsequent P.P.O. the Bank will recover interest already paid to the applicant with effect from 04.12.2014, therefore, a direction be issued to Principal Controller of Defence Accounts (Pension), Prayagraj (Allahabad) to withdraw/cancel the Corrigendum P.P.O. with further direction to Bank not to recover the interest which has already been paid to the applicant.

    4. In reply, the Ld. Counsel for the respondents submitted that Corrigendum P.P.O. has been issued strictly in terms of order dated 17.10.2018.

    5. Upon hearing submissions of Ld. Counsel for both sides and after perusing the order dated 17.10.2018 in Original Application No. 255 of 2018 we find that first P.P.O. issued in the matter entitling applicant to draw interest on arrears with effect from 04.12.2014 is perfectly justified. Therefore, Corrigendum P.P.O. which has been issued by the respondents stating therein that interest is payable from the date of order i.e. 17.10.2018 is totally uncalled for and needs to be withdrawn.

    6. Accordingly, respondents are directed to withdraw/cancel the Corrigendum P.P.O. dated 16.07.2021 and to issue direction to Bank to not recover the interest amount already paid to applicant in terms of 1 P.P.O.

    7. In view of above, order seems to be completely complied with.

    8. Accordingly, Execution Application is dismissed being infructuous.

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    Rakesh Kumar v. Union Of India
    (Jan 3, 2022)