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RAJANI DUBEY
Sohadra Singh, W/o. Late Shankar Singh Thakur – Appellant
Versus
State of Chhattisgarh Through Its Secretary, Department of School Education, (C. G. ) – Respondent
ORDER :
1. The petitioner has filed the instant under Article 226 of the Constitution of India seeking following relief (S) :-
b. This Hon’ble Court may kindly be pleased to issue a writ/direction to the respondent No.3 for grant of consequential reliefs of deductions.
c. Any other relief as the Hon’ble Court may be deemed fit and proper with cost of petition.”
2. Brief facts of the case, as projected by the petitioner, are that the petitioner's husband late Shankar Singh Thakur was working on the post of Assistant Teacher at Govt. Middle School, Arang and he died in harness on 23/03/2005 leaving behind the petitioner and 7 daughters namely Savitri Singh 30 years, Sangita Singh 27 years, Vijeta Singh 23 years, Durgeshwari Singh 21 years, Subhashini Singh 20 years, Jyoti Singh 18 years & Pooja Singh 15 years. After the death of petitioner’s husband, his elder daughter namely Savitri Singh got the compassionate appointment on the post of Shiksha Karmi - Grade – III and now she has
The court balanced the legal obligation of the petitioner's declaration with the petitioner's financial circumstances by directing a reduced recovery rate of 20% of the family pension.
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....
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.
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 impermissibility of recovery in certain situations and the iniquitous nature of recovery after a long period.
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