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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Sudershan Sharma W/o Late Sh. Rajinder Kumar Sharma – Appellant
Versus
Union Territory of Jammu and Kashmir Through Chief Secretary, Govt. of J&K – Respondent
JUDGMENT :
MOKSHA KHAJURIA KAZMI, J.
1. This intra court appeal is directed against an order and judgment dated 11.02.2022 passed by the learned Single Judge [“the Writ Court”] in OWP No. 722/2009 titled "Smt. Sudershan Shrma Vs. State of J&K and others‟
FACTUAL MATRIX :
2. The husband of the appellant was serving in Geology and Mining Department, at Jammu. He retired as Drilling Engineer in the said department in the year 1998 and died on 05.07.2002, whereafter the appellant started receiving family pension under Account No. 16644, with effect from August, 2002 from respondent Nos. 2 & 3. The appellant was receiving pension on month to month basis till June, 2009, but the same was refused by respondent No.3, she was informed that an amount of Rs.2,32,707/- has to be recovered on account of excess amount been received by the appellant.
3. It is stated that no notice of alleged recovery has ever been received by the appellant, as such, she was constrained to file a Writ Petition bearing OWP No. 722/2009 titled "Smt. Sudershan Sharma Vs. State of J&K and others‟, thereby challenging the order of recovery of Rs. 2,32,707/- and also to seek release of the monthly pension in favour of the ap
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.
The impermissibility of recovery in certain situations and the iniquitous nature of recovery after a long period.
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 may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
Recovery of excess pension payments is impermissible without fraud or misrepresentation, emphasizing equitable treatment for pensioners.
Excess payments made without fraud or misrepresentation are not recoverable from employees, emphasizing justice and equity in recovery actions.
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....
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