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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Kalpna – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL. 21273/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 5434/2023 & CM APPL. 21272/2023
3. A Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:
"(i) Issue a Writ of Certiorari to Quash the order dated 14.09.2022 hereby the Respondents stopped grant of Dearness Relief over Petitioner's Pro-Rata Pension and also directed recovery of the Dearness Relief already paid;
(ii) Issue a Writ of Mandamus for Issuing directions to the respondents to grant dearness relief on top of the petitioner's pension and to return the amount of dearness relief wrongly recovered from the petitioner on the frivolous pretext of dearness relief being wrongly paid to the petitioner; and
(iii) Pass any such orders as the Hon'ble Court may deem fit in the light of above mentioned facts and circumstances of the case."
4. Learned counsel for the respondent appearing on advance Notice has not disputed the facts that the impugned Order dated 14.09.2022 has been issued without issuing the Show Cause Notice to the petitioner.
5. Similar issue came up before this Court
Procedural fairness and the requirement for a Show Cause Notice before taking adverse action were central to the court's decision.
Violation of natural justice in issuing orders affecting the rights of a pensioner and the empowerment of respondents to correct the scale of pay and revision of pension in accordance with the applic....
The court held that administrative recovery of overpaid amounts requires prior notice and adherence to principles of natural justice, affirming that arbitrary orders violate constitutional rights.
Erroneous fixation of pay or pension can be corrected, but recovery after retirement causing hardship is not sustainable without evidence of misrepresentation or written undertakings.
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