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2017 Supreme(Pat) 522

AHSANUDDIN AMANULLAH
Bindeshwari Ram – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Madhav Jha.
For the State : Mr. Subhash Chandra Mishra.
For the AG : Mr. Bindhyachal Rai.
For the SBI : Mr. Ramesh Kumar Singh.

AHSANUDDIN AMANULLAH, J.:–Heard learned counsel for the petitioner, State, Accountant General and the State Bank of India.

2. The petitioner has moved the Court for restarting of pension which, according to him, was stopped.

3. The petitioner is aggrieved by the fact that though he was being paid pension but the same was stopped from July, 2015 forcing him to move this Court.

4. Though no counter affidavit has been filed on behalf of the State Bank of India, despite copy of the writ petition having been served on its counsel more than one and a half years back, which is the agency responsible for making such payment, learned counsel appearing on its behalf submitted that when the pension of the petitioner was revised, due to some mistake in the system, three times higher rate of Dearness Relief was paid to him and when the same was detected, order was passed for recovery in installments and thus, an amount of Rs. 3,000/- and odd is being deducted per month till the time the amount of excess payment is adjusted. He further submitted that the money coming from public exchequer, the State Bank of India had only corrected its mistake and recovery is of the amount which was wrongly paid







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