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ANIRUDDHA ROY
Kalpana Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
Facts:
1. The husband of the petitioner was an Assistant Teacher who died on April 2, 1998 after rendering more than 29 years of service. After demise of the husband of the petitioner the necessary Pension Payment Order (PPO) was issued on March 12, 2002 on account of the family pension payable to the petitioner.
2. The complaint in the writ petition is that, the petitioner being the widow of a State employee has received family pension till December 31, 2017. Thereafter on and from January 1, 2018 the family pension was not paid to the petitioner on the plea that during the period June 1, 2009 till December 31, 2017 the petitioner had received family pension at an enhanced rate and the excess paid to her, the petitioner was not eligible to receive as family pension in accordance with law. However, it is an admitted position that, on and from January 1, 2018 the petitioner has not received any family pension whatsoever.
Submissions:
3. Drawing attention to Annexure P-5 at page 44 which is a communication dated April 11, 2019 issued by the Jurisdictional Treasury Officer, Mr. Kumar Jyoti Tewari, learned counsel for the petitioner submits that, a sum of Rs. 1,4
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.
The arbitrary discontinuation of pension payments by the disbursing authority after a significant period and an admitted error may not be permissible under the legal framework.
The Supreme Court's guidelines in Rafiq Masih apply to all stakeholders involved in pension payment and receipt, including disbursing banks and family pensioners, ensuring equitable and just recovery....
Recoveries from pensioners are permissible only under strict guidelines to prevent hardship, emphasizing protection for retired employees against unjust financial demands.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
The excess amount paid to an employee may not be recoverable if it was not due to misstatement or fraud on the part of the employee, as established in State of Punjab & Ors. v. Rafiq Masih.
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