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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Kaushalya Devi – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner’s husband late Sh. Durga Ram Tanwar was an employee of National Academy of Audit and Accounts, Chaura Maidan, Shimla, H.P. He retired as Senior Auditor on 30.04.2011 on attaining the age of superannuation. After retirement of the petitioner’s husband, respondent-Bank (respondents No. 1 to 4) released pension to him under aspecific PPO number. All due retiral benefits were also released in his favour. Sh. Durga Ram Tanwar died on 01.12.2017. Petitioner brought this fact to the notice of the respondent-Bank and also furnished death certificate of her husband. Respondent-Bank approved and granted family pension to the petitioner being legally wedded wife of late Sh. Durga Ram Tanwar under a specific PPO number. Pension was continuously paid to the petitioner till 31.10.2023. Petitioner’s grievance is that for no rhyme and reason, respondent-Bank stopped releasing pension in her favour from the month of November 2023 onwards. No notice was ever issued to the petitioner for stopping the family pension. Hence, this petition.
2. Learned counsel for the respondents, on the basis of reply, does not dispute employment of petitioner’s late husband and
Recovery of excess pension payments is impermissible without fraud or misrepresentation, emphasizing equitable treatment for pensioners.
Recovery of excess pension payments may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
The main legal point established in the judgment is that no recovery can be made from a retired employee or the legal heirs of the retired employee, or with regard to an amount which was being paid f....
Recovery of excess pension payments is impermissible if it causes undue hardship to the recipient, especially when the recipient is not at fault.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
Excess payments made without fraud or misrepresentation are not recoverable from employees, emphasizing justice and equity in recovery actions.
Recovery of excess pension payments without notice or opportunity to be heard violates principles of natural justice, and such recovery is impermissible if no fraud or misrepresentation is involved.
The court balanced the legal obligation of the petitioner's declaration with the petitioner's financial circumstances by directing a reduced recovery rate of 20% of the family pension.
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