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HIGH COURT OF KERALA
AMIT RAWAL, K.V.JAYAKUMAR, JJ
GOVERNMENT OF KERALA – Appellant
Versus
BABY VALSALA T. – Respondent
JUDGMENT :
K. V. JAYAKUMAR, J .
Impugning the order of the Central Administrative Tribunal in O.A.No.352 of 2019 dated 01.01.2020, State of Kerala and its officers preferred this O.P.(CAT). First respondent/applicant, Smt.Baby Valsala T., is the applicant in O.A. Second respondent is the Union of India and respondent Nos.3 to 5 are the officers of the State Bank of India.
2. As per the impugned order, the Central Administrative Tribunal allowed the following claim of the first respondent/applicant.
“i) Issue appropriate order or direction commanding the respondents not to effect any recovery/deduction of the family pension legally due to the applicant.
ii) Issue appropriate order or direction commanding the respondents to return/disburse the entire amount of pension recovered/deducted from the pension account of the late husband of the applicant maintained with the 6th respondent, with interest minimum at the rate of 9% per annum, forthwith.
iii) Issue appropriate order or direction commanding the respondents to return/disburse the entire amount of family pension recovered/deducted from the family pension of the applicant maintained with the 6th respondent, with interest minimum at the r
Recovery of excess pension from retired employees is permissible if an undertaking authorizing such recovery was provided by the employee.
Recoveries from pensioners are permissible only under strict guidelines to prevent hardship, emphasizing protection for retired employees against unjust financial demands.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
The Supreme Court's guidelines in Rafiq Masih apply to all stakeholders involved in pension payment and receipt, including disbursing banks and family pensioners, ensuring equitable and just recovery....
Recovery of excess pension payments may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
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