Back
PURNENDU SINGH
Nagendra Prasad S/o Late Devi Dayal Bhagat – Appellant
Versus
Union of India through the Secretary, New Delhi – Respondent
JUDGMENT :
PURNENDU SINGH, J.
1. Heard Mr. Sanjay Kumar Ghosarvey, learned counsel appearing on behalf of the petitioner, Mr. Mritunjay Kumar, learned counsel appearing on behalf of the respondents and Ms. Punam Kumari Singh, learned counsel appearing for the Union of India.
2. The brief facts of the case are that the petitioner has sought quashing of order dated 03.10.2015 passed by the Senior Accounts Officer, PAO, CRPF, MHA, New Delhi and the entire calculation chart (Annexure 7 series) prepared for the purpose of deduction of Rs. 5,96,339/- from the pension amount of the petitioner, allegedly paid in excess to the petitioner by the respondent bank, along with other prayers.
3. The petitioner had retired from the post of S.I./G.D. on attaining the age of superannuation on 31.07.2004. The pension of the petitioner was fixed on the basis of the last pay drawn by him at Rs. 9,166.25/-. The pension of the petitioner has been fixed on the pay scale of Rs. 5500-175-9000/- and after 5th CPC comes in the corresponding pay scale of Rs. 9300-34800/- with grade pay of Rs. 4,200/- from 1.1.2006 but the grade pay has been only shown and the mandatory benefit has not bee given to the petitioner.
Recovery of excess pension amount after a long period without informing the pensioner and causing hardship is not sustainable and breaches the agreement with the Union of India.
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.
Point of Law : As soon as the excess/wrong payment made to a pensioner comes to the notice of the paying branch, the branch should adjust the same against the amount standing to the credit of the pen....
Point of Law act of officers of the Bank who have allegedly harassed the petitioner over payment of pension and have displayed apathy towards her grievances and would make it clear that any such iter....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
