Recovery from pension benefits after superannuation contravenes principles of natural justice; legal precedent prevents such deductions without fraud.

ORDER :

ASHOK S.KINAGI, J.

The petitioners have filed these writ petitions seeking for the following reliefs:

In W.P.No.1408/2022

i. Issue a writ of certiorari or any other appropriate writ order or direction quashing the Official Memorandum vide No/EEE.Jnagar.AO.AAO.SA.2284 dated 29.06.2020 issued vide Annexure-A by respondent-3.

ii. Consequently, issue a writ of Mandamus or any other appropriate writ order or direction directing the respondent to refund a sum of Rs.1,97,028/- to the petitioner along with interest at 18% per annum from the date of retirement till the date of payment as per the Pension payment order vide No.BP-2476 dated 13.08.2020 (vide Annexure-F).

iii. Pass any appropriate order or orders as this Hon'ble Court deems fit to pass in the interest of justice, including the cost of the litigation in the interest of justice and equity.

In W.P.No.1394/2022

i. Issue a writ of certiorari or any other appropriate writ order or direction quashing the Official Memorandum vide No/EEE.Jnagar.AO.AAO.SA2.4270 dated 03.09.2020 vide Annexure-A date 29.06.2020.

ii. Issue a writ of mandamus or an other appropriate writ order or direction directing the respondents to refund the recovered sum of Rs.4,41,610/- to the petitioner along with interest at 18% per annum from the date of retirement till the date of payment vide Annexure-F dated 09.10.2020.

iii. Pass any appropriate order or orders as this Hon'ble Court deems fit to pass in the interest of justice including the cost of the litigation, in the interest of justice and equity.

2. The brief facts leading rise to filing of these writ petitions are as follows:

In W.P.No.1408/2022, the petitioner was appointed under the respondents during 1984 and after putting a qualifying service of 36 years, he was retired on attaining the age of superannuation on 30.06.2020. While settlement of the terminal benefits, the respondents issued an Official Memorandum No.2284 dated 29.06.2020 issued by the respondents for having recovered Rs.1,97,028/- from the DCRG and Pensionary Benefits without any determination of amount in the departmental enquiry or any other proceedings. He retired as Group-C employee from the BESCOM, Bangalore. The petitioner aggrieved by the Official Memorandum dated 29.06.2020 and approval of Pensionary Benefits by issuing the Pension Payment Order No.BP 2476 dated 13.08.2020, the amount was recovered without any reasons. It is contended that the action of the respondents is impermissible and against the settled principles of natural justice. Thus, the deduction made by the respondents is illegal. The petitioner submitted a representation requesting the respondents to restore the terminal benefits. However, the respondents declined to consider the representation. Hence, this writ petition.

2.1. In W.P.No.1394/2022, the petitioner joined the service under the respondents in the Maintenance Cadre, BESCOM on 01.11.1987. The submission of the Pension Docket along with all documents to BESCOM Office due to retirement on 31.07.2021 was forwarded. The recovery order was issued by the respondents for recovery and withdrawal of benefit already given as on during the retirement from service. The petitioner submitted a detailed representation to the respondents requesting to cancel the recovery of the amount. It is contented that the petitioner retired from service on attaining the age of superannuation on 31.07.2020. The respondents did not consider the request made by the petitioner. Hence, this writ petition.

3. In W.P.No.1408/2022, the respondents filed a statement of objections admitting the appointm