Recovery from retirees or their legal heirs is impermissible without concluded disciplinary proceedings establishing fault, violating natural justice principles.

ORDER :

1. The instant writ petition has been filed by the petitioner seeking a direction for the respondents to release her family pension from the date it became due, i.e. from February 2013, so also the due amount of gratuity and other retiral benefits, alongwith interest thereon.

2. Briefly stated, facts of the case are that the husband of petitioner served under respondent department on the post of Boring Operator, and he retired from the aforesaid post on 29.02.2008. After his retirement the respondents granted him pension vide PPO No.873641 dated 29.10.2009. According to pension payment order, he drew his pension through his bank account at the state bank of India branch at Kamla Nehru Nagar Jodhpur.

3. The husband of petitioner passed away on 19.01.2013, whereafter the petitioner became entitled for getting family pension from the respondents and in this regard she informed the bank about the fact of death of her husband. After the receipt of information given by the petitioner the bank authority stopped the pension of the husband, but did not release the family pension to the petitioner for which she was entitled being the wife of the deceased government servant/pensioner.

4. The petitioner sent a registered notice dated 10.10.2013 through her counsel, to the bank. The bank vide their reply dated 17.10.2013 informed the petitioner that as per the instructions contained in the PPO, she is not entitled for family pension. The bank further explained that under the column of family pension, it was clearly mentioned that it was "Not Admissible" hence, they expressed their inability to release the family pension to the petitioner.

5. The petitioner sent notices to the respondents through her counsel and urged them to revise the PPO and take such necessary step so that the family pension is paid to her at the earliest. She also sent a representation to the Chief Minister. However, since no positive outcome was forthcoming, therefore, she preferred the instant writ petition.

6. The respondents filed reply to the writ petition stating that upon departmental investigation by the competent authority for the period 01/1999 to 09/2002, it was found that there was excess consumption of diesel during the said period and accordingly, a sum of Rs. 1,70,473/- was found to be recoverable from the petitioner’s husband. A notice was issued to him in this regard, however, he failed to give any satisfactory reply nor he deposited the said amount. Accordingly, the provisional Pension Payment Order No. 873641 dated 29.10.2009 was prepared and sent to Pension Department and the petitioner’s husband withdrew pension during his life time. It is further submitted in the reply that the representation of the petitioner sent to the Chief Minister was forwarded to the Department. After the receipt of said letter, the respondents asked the petitioner to submit the relevant documents and put signatures for grant of pension, upon which the petitioner submitted all the relevant documents on 10.10.2014 and thereafter, the fixation of pay of husband of petitioner was also done through Accounts officer and after undertaking all the formalities, matter was sent to the Pension Department on 20.10.2014. The Pension department has allowed the pension to the petitioner and PPO has been No. 873641R has been prepared vide order dated 16.12.2014. It is, thus, submitted that during pendency of the writ petition, the revised PPO has been prepared and has been sanctioned in favour of the petitioner, the