Re-employed person can receive DA on pension as well as salary: Maharashtra Administrative Tribunal
Nagpur: The Nagpur bench of Maharashtra Administrative Tribunal (MAT) held that a re-employed pensioner was entitled for receiving "dearness allowance (DA)" on his pension as well as on his salary.
"There is no rule that prohibits claiming dearness allowance on pension amount as well as on basic salary that is received after re-employment. The intention of legislation was to give benefit to the government employee who prefers retirement before the age of 55 years and is obviously subjected to payment of reduced amount as pension as compared to those who superannuate at 58 years," Justice (retired) MN Gilani stated.
Applicant Mohammed Jameel had sought voluntary retirement from the Public Health Department on October 5, 1999, before attaining 55 years and joined as a lecturer in Law College in Gondia from the next day. He retired on February 9, 2007, after putting in seven years of teaching. On the same day, city-based district treasury officer issued an order of recovery of Rs1.31 lakh from his pension amount on the grounds that drawing "two dearness allowances" was not permitted. The petitioner received the DA on his pension as well as on his salary during his re-employment.
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