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2022 Supreme(Raj) 1406

REKHA BORANA
Usha Mehta – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Akhilesh Rajpurohit and Milap Chopra, Advocates, for the Appellant
Akshiti Singhvi for Sandeep Shah, Sr. Advocate, J.K. Chanda and Lakshya Pagaria, Advocates, for the Respondents

JUDGMENT

Rekha Borana, J. - The present writ petition has been filed aggrieved of the order dated 11.08.2016, whereby the petitioner was directed to deposit the excess amount paid to her qua her family pension.

2. The brief facts of the case are as under:-

      After the death of the husband of the petitioner who was a government employee, family pension order was issued in her favour by the competent authority vide order dated 04.06.2005. After 8 years of the issuance of the said order, a letter dated 27.07.2016 was served on the petitioner, wherein it was mentioned that an amount of Rs. 5,68,626/- had been paid excess to the petitioner. Vide notice dated 11.08.2016, the respondent - Bank directed the petitioner to deposit the excess amount in a single transaction.

      3. It is relevant to note here that after the receipt of the communication dated 27.07.2016, the petitioner, in all good faith, requested the respondent - Bank not to recover the excess amount in lump sum and to deduct the same in installments. In pursuance to the request of the petitioner, one third of the pension payable was started to be deducted by the bank per month. But vide communication dated 05.01.2017, it was informed

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