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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
| Table of Content |
|---|
| 1. facts surrounding the petitioner's retirement and withheld pension. (Para 2 , 3 , 4) |
| 2. arguments regarding the recovery of excess payment and its implications. (Para 6 , 7 , 8) |
| 3. legal context on pension withholding and departmental inquiry. (Para 12 , 14 , 15) |
| 4. no pending proceedings justify pension withholding. (Para 16) |
| 5. court's analysis of the legality of withholding pension. (Para 18 , 21 , 23) |
| 6. legal standard for withholding pension. (Para 20 , 22) |
| 7. limitations on recovery from retired employees. (Para 24 , 25 , 28) |
| 8. final ruling regarding pension claim and recovery directives. (Para 34 , 35) |
| 9. court's final decision on the writ petition and directives. (Para 36) |
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 petit
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.
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