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2025 Supreme(J&K) 168

HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL
Jabeen Kounsar – Appellant
Versus
Ut of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mir Manzoor, Advocate.
For the Respondent:Mr. Mubashir Majid, Dy. AG. Mr. B. A. Zargar, Advocate.Ms. Heena Baqal, Advocate vice Mr. Shafqat Nazir, Advocate.

JUDGMENT :

1. With the consent of learned counsel for the parties, the instant petition is taken up for final disposal.

2. The petitioner is aggrieved of the action of respondent No.3 whereby he has ordered recovery of excess amount of family pension paid to the petitioner amounting to Rs.7,18,268/ and has further directed the Manager, J&K Bank, Branch Chanapora, to recover an amount of Rs.3,59,134/ at first instance from the family pension of the petitioner and rest in the instalments @ Rs. 7,500/ per month.

3. The sole contention of the petitioner is that the excess family pension was paid to her neither on account of any fraudulent act nor any misrepresentation on the part of the petitioner but was paid to her on account of fault of respondents No.1 to 3, as such, the said amount cannot be recovered from her.

4. The reply has been filed by respondent No.2 stating therein that the said respondent received the case of the petitioner for revision of pension under Government Order No.222-F and after scrutiny of the case, it was found that the petitioner was paid enhanced payment beyond 1st July, 2013 whereas the petitioner was supposed to get the enhanced benefit for seven years but she

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