Back
M. NAGAPRASANNA
Vimala Ramanath Pawar W/o Late R. V. Pawar – Appellant
Versus
Senior Manager, Centralised Pension Processing Centre, Bengaluru – Respondent
ORDER :
1. The petitioner, a widow, aged 73 years knocks the doors of this Court, alleging lack of sympathy or even empathy, on the part of the respondent/Canara Bank, a State under Article 12 of the Constitution of India (‘the Bank’ for short) in recovering Rs. 6,40,329/- from out of the family pension account of the petitioner and seeks a direction by issuance of a writ in the nature of mandamus, directing re-credit of the said amount.
2. Heard Sri Yogesh Naik, learned counsel for Sri B.O. Anil Kumar, learned counsel appearing for the petitioner and Sri T.P. Muthanna, learned counsel appearing for respondent/Bank.
3. Shorn of unnecessary details, the facts in brief, are as follows:
Point of Law : As soon as the excess/wrong payment made to a pensioner comes to the notice of the paying branch, the branch should adjust the same against the amount standing to the credit of the pen....
Point of Law act of officers of the Bank who have allegedly harassed the petitioner over payment of pension and have displayed apathy towards her grievances and would make it clear that any such iter....
Recovery of excess pension amount after a long period without informing the pensioner and causing hardship is not sustainable and breaches the agreement with the Union of India.
The impermissibility of recovery in certain situations and the iniquitous nature of recovery after a long period.
Recovery of excess pension payments may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
Recoveries from pensioners are permissible only under strict guidelines to prevent hardship, emphasizing protection for retired employees against unjust financial demands.
The court balanced the legal obligation of the petitioner's declaration with the petitioner's financial circumstances by directing a reduced recovery rate of 20% of the family pension.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
