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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ex Hc Gd Mahavir Prasad – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 12214 of 2021 & CM APPL. 38256 of 2021
Decided On : 08-02-2023
Excess Pension Recovery - Representation of Judgment - The court disposed of the petition by giving the petitioner liberty to make a representation before the concerned respondents stating the judgment passed by the Hon'ble Supreme Court. The respondents are directed to decide the representation within four weeks and communicate the decision with a reasoned order within one week thereafter to the petitioner.
Fact of the Case:
The petitioner sought a direction to the respondents for not recovering the excess pension and quashing of the Demand Notice issued by the respondent No.7.
Finding of the Court:
The court disposed of the petition by giving liberty to the petitioner to make a representation before the concerned respondents stating the judgment passed by the Hon'ble Supreme Court.
Issues: Excess pension recovery, Quashing of Demand Notice, Representation before respondents
Ratio Decidendi: The court allowed the petitioner to make a representation before the concerned respondents stating the judgment passed by the Hon'ble Supreme Court.
Final Decision: The court disposed of the petition by giving liberty to the petitioner to make a representation before the concerned respondents stating the judgment passed by the Hon'ble Supreme Court.
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 thereafter to the petitioner.
5. Needless to say, if the petitioner is aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
6. Pending application also stands disposed of.
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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