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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, ABHAY MANTRI
Shamshuddin Ali Mullaji – Appellant
Versus
Assistant Commissioner of Employees Provident Fund Commissioner (Pension) – Respondent
| Table of Content |
|---|
| 1. dual pension obtained via employment non-disclosure (Para 1 , 2 , 3 , 6 , 8) |
| 2. amicus confirms scheme certificate requirement (Para 4 , 5 , 20) |
| 3. eps scheme aggregates service via certificate (Para 7 , 9) |
| 4. precedent prohibits dual pension, equitable waiver (Para 10 , 11 , 12) |
| 5. debate on interest for overpaid pension (Para 13 , 14) |
| 6. remorse mitigates fraud recovery strictness (Para 15 , 18) |
| 7. adjust excess, recalculate combined pension (Para 16 , 17 , 19) |
JUDGMENT :
Ravindra V. Ghuge, J.
1. Heard. Rule. Rule made returnable forthwith and heard finally by the consent of the respective parties.
2. This Petition brings out a classic case of misrepresentation, non-disclosure of material information and a systematic act of defrauding the State Exchequer. As we narrate the various dates and sequence of events in the light of the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees Pension Scheme, 1995, the story of misrepresentation, non-disclosure and defrauding the State Exchequer, would unfold itself.
3. The dates and sequence of events are as under:
(a) The Petitioner was initially working in Poyasha Pvt. Ltd., Kalwa, Than
No dual pension under EPS 1995; must disclose re-employment or obtain Scheme Certificate to club services for single post-superannuation pension. Excess recoverable but adjustable against arrears wit....
Re-employed pensioners are not entitled to dearness relief during re-employment, and misrepresentation regarding entitlement disqualifies them from equitable relief against recovery of excess payment....
Recovery of excess payments made to employees is permissible if an undertaking was signed, regardless of the employee's class, unless undue hardship is demonstrated.
Unauthorized deductions from a pensioner's account without valid consent amount to a violation of principles of natural justice under Articles 14, 16, and 21 of the Constitution.
The court ruled that withholding pension without ongoing proceedings violates legal rights, emphasizing no recovery from retired employees without fraud or misconduct.
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