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2022 Supreme(Pat) 745

MOHIT KUMAR SHAH
Raj Kali Devi @ Raj Kali Kuar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr.Sanjay Kumar Singh.
For the State : Mr. Sushil Kumar.
For the SBI : M/s Chitaranjan Sinha, Sr. Adv., Rakesh Kumar Singh.
For the Resp. No. 6 : Mrs. Ritika Rani.

Mohit Kumar Shah, J.—The present writ petition has been filed for restraining the respondent authorities from making any recovery from the amount of family pension, being paid to the widow-petitioner and for setting aside the decision of the respondent authorities to recover a sum of Rs. 3,43,792/- from the monthly family pension of the petitioner as also to direct the respondent authorities to refund the amount, which has already been recovered from the family pension of the petitioner. Lastly, it is prayed to revise the family pension of the petitioner on the basis of 7th Pay Commission Report.

2. The brief facts of the case are that the deceased husband of the petitioner, namely, late Rameshwar Singh, retired on 30.6.1982 while working as Road Mazdoor in Public Works Department, Saran at Chapra, whereafter pension was being paid to him with effect from 01.07.1982 regularly, however, he died on 09.01.1988.

3. It is the further case of the petitioner that she was drawing her family pension from the State Bank of India, Marhowrah Branch, however, suddenly, she received a notice dated 04.02.2019, intimating her that a sum of Rs. 3,43,792/- has been paid in excess to her, hence, the sa

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