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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Suman Shyam
Sarwan Kumar, S/O Late Shankar Das – Appellant
Versus
Union Of India Represented By Secretary Ministry Of Home Affairs, North Block, Central Secretariat, New Delhi – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. H. K. Das, learned counsel appearing for the writ petitioner. I have also heard Ms. B. Sarma, learned Central Government Counsel (CGC) appearing for the respondents.
2. The writ petitioner herein had retired as an Inspector General (IG) under the Sashatra Seema Bal (SSB), on attaining the age of superannuation with effect from 31.01.2020. After his retirement, the writ petitioner had been drawing provisional pension till date as the regular pension of the petitioner has been withheld. Being inter-alia aggrieved by the fact that even after the lapse of several years since his retirement, the regular pension of the petitioner has not been sanctioned nor has his retirement dues been paid in full, the instant writ petition has been filed seeking the intervention of this Court. The facts and circumstances of the case, shorn of unnecessary details, are narrated herein below.
3. It appears from the materials available on record that the petitioner herein had originally joined service under the Border Security Force (BSF) in the year 1981 as a Sub-Inspector. In the year 1984, he was appointed as a Gazetted Officer (D.A.G.O.) in the SSB. Over the period of t
The court ruled that withholding pension without ongoing proceedings violates legal rights, emphasizing no recovery from retired employees without fraud or misconduct.
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 retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on....
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.
Recovery from retired employees is impermissible unless an undertaking was provided prior to retirement, and pay re-fixation cannot occur after a long time gap.
Recovery of excess payments from pension dues post-retirement is impermissible without misrepresentation or fraud causing undue hardship.
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