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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Neiu Chadi, W/O Late Dietholie Chadi – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Ms. Z. Zhimomi, the learned counsel appearing on behalf of the petitioner. Mr. L.T. Sangtam, the learned Additional Advocate General for the State of Nagaland, Mr. N. Mozhui, the learned Standing Counsel appears on behalf of the Accountant General, Nagaland and Mr. A. Zhimomi, the learned Standing Counsel who appears on behalf of the respondent Nos. 4 and 5.
2. The petitioner herein, who is the wife of one Detholie Chadi (since deceased) has approached this Court challenging the actions on the part of the Respondent Authorities, more particularly, the respondent No. 6 in not finalizing the family pension of the petitioner as well as for setting aside a communication dated 18.07.2023 issued by the Senior Accounts Officer (Pension) of the Office of the respondent No. 6. For the purpose of deciding the dispute involved in the instant proceedings, this Court finds it relevant to take note of the facts which led to the filing of the instant proceedings.
3. The petitioner's husband Late Detholie Chadi was appointed as a Lower Division Assistant on adhoc basis in the Office of the Public Prosecutor, Nagaland, Kohima vide an order dated 13.11.1984
Recovery of excess payments from pensioners is impermissible without fraud or misrepresentation; pension is a right, not a bounty.
Recovery of excess payments from pension dues post-retirement is impermissible without misrepresentation or fraud causing undue hardship.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
The court ruled that withholding pension without ongoing proceedings violates legal rights, emphasizing no recovery from retired employees without fraud or misconduct.
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.
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