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2019 Supreme(Pat) 806

MOHIT KUMAR SHAH
Kalawati Devi W/o late Dharm Nath Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Jitendra Kumar
For the Respondent: Mr.S.D. Sanjay, Mr. Rajesh Kumar Verma, Mr. Sanjiv Kumar

JUDGMENT :

1. The present writ petition has been filed for restraining the respondents from making any recovery of the alleged excess payment of family pension made to the petitioner herein as also for directing the respondents to refund a sum of Rs. 1,11,279/- illegally recovered from the account of the petitioner herein.

2. The brief facts of the case are that the deceased husband of the petitioner herein Late Dharam Nath Singh was working in the Government of India with effect from 04.03.1964 and had superannuated from his services on 31.07.1997. While working on the post of Senior Auditor and serving in the office of Chief Comptroller of Defence Account (Pension), Allahabad, Uttar Pradesh a pension payment order dated 27th June, 1997 was issued to the husband of the petitioner and the pension was commenced with effect from 01.08.1997. Unfortunately, the husband of the petitioner died on 08.04.2001 whereafter the petitioner had applied for family pension in the prescribed format and thereupon she started getting family pension from the respondent-Bank in Account No. 11632008308. Suddenly, the petitioner received a letter dated 17.02.2008 stating therein that the petitioner was lia

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