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DEVASHIS BARUAH
On the Death of Prasanna Ch. Barman his Legal heirs Smt. Pramila Barman – Appellant
Versus
Assam Power Distribution Company Limited – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. K.M. Mahanta, the learned counsel for the petitioner and Mr. S.P. Sharma, the learned counsel appearing on behalf of the respondent Nos. 1 to 5.
2. The instant writ petition has been filed challenging the action on the part of the respondent authorities in deducting an amount of Rs. 7,36,614/- on the ground that Late Prasanna Ch. Barman had drawn excess pay and allowances as well as for a direction upon the respondent authorities to reimburse the said amount already deducted with interest @ 12% per annum and to pay all other retirement dues as admissible under the law to the petitioners who are the legal representatives of Late Prasanna Ch. Barman.
3. The case of the petitioners herein is that they are the legal representative of Late Prasanna Ch. Barman who worked as Lineman-II in the Assam Power Distribution Company Limited at Nagaon. The petitioner No. 1 is the wife of the Late Prasanna Ch. Barman who is presently paralyzed as submitted by the learned counsel for the petitioners and the petitioner No. 2 is his son. Late Prasanna Ch. Barman was born on 31.12.1952 as per his school certificate which was reflected in the Service Book. He init
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.
Recovery of excess payments from pension dues post-retirement is impermissible without misrepresentation or fraud causing undue hardship.
Recovery of excess salary from a retired employee is impermissible when no fraud is established, and the employee worked without objection for an extended period.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Unauthorized deductions from a pensioner's account without valid consent amount to a violation of principles of natural justice under Articles 14, 16, and 21 of the Constitution.
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