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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ex Hc Gd Mahavir Prasad – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present writ petition, petitioner is seeking a direction to the respondents for not recovering the excess pension as was found to be paid for the period from 01.01.2016 to upto May, 2021.
2. Petitioner is further seeking quashing of the Demand Notice No.CPPC/MK/7283 dated 14.06.2021 issued by the respondent No.7, regarding recovery of excess amount of pension paid to the petitioner along with the cost of the petition in his favour and against the respondents.
3. Learned counsel for petitioner submits that issue(s) raised in this petition has already been decided by the Hon'ble Supreme Court in S.L.P. (Civil) 16442/2021 titled "Union of India & Ors. vs. Ex. HC/GD Virender Singh", however, the said judgment was passed after filing of counter-affidavit by respondents.
4. Accordingly, we hereby dispose of the present petition by giving liberty to petitioner to make a representation before the concerned respondents stating therein the afore-mentioned judgment passed by the Hon'ble Supreme Court. On receipt of the same, the respondents are directed to decide the same within four weeks and communicate decision thereof, with a reasoned order within one week
The petitioner was given the opportunity to make a representation before the concerned respondents stating the judgment passed by the Hon'ble Supreme Court.
Recovery of excess payment from retired employees is restricted under exceptional circumstances, especially after a significant time lapse.
Recovery of excess pension payments beyond five years is impermissible, protecting retirees from undue financial burdens.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
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