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PURNENDU SINGH
Ranju Devi – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J. – Heard Mr. Shivendra Kishore, learned Senior Counsel assisted by Mr. Ganesh Singh, learned counsel appearing on behalf of the petitioners; Mr. Arbind Kumar, learned AC to learned GP-17 appearing on behalf of the State and Mr. Rakesh Kumar Singh, learned counsel for the State Bank of India.
2. Learned senior counsel appearing on behalf of the petitioners submitted that petitioners are aggrieved by communication dated 16.01.2023 by which they have been informed that excess payment made to the petitioners are required to be recovered from their family pension without giving any opportunity of hearing and without seeking any show cause. Pursuant to the said notice, the Bank has started to recover Rs. 3000/- per month from the family pension with effect from December, 2022. The deceased employee was Assistant Teacher and had died in harness on 03.05.2002.
3. Learned counsel submitted that the above communication which is in the form of the order is against the direction and circular of the Reserve Bank of India. The Reserve Bank of India time and again has issued that before penalizing any pensioner, notices are required to be issued even considering the fact that the
Recoveries from pensioners are permissible only under strict guidelines to prevent hardship, emphasizing protection for retired employees against unjust financial demands.
The impermissibility of recovery in certain situations and the iniquitous nature of recovery after a long period.
Recovery of excess pension payments may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
The main legal point established in the judgment is that no recovery can be made from a retired employee or the legal heirs of the retired employee, or with regard to an amount which was being paid f....
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