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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Mata Begum – Appellant
Versus
J&K Board School Education – Respondent
ORDER :
1. The husband of the petitioner, namely, Abdul Rehman S/o Ghulam Wani had attained superannuation in the year of 31.01.2009 as Section Officer from Jammu and Kashmir Board of School Education, respondents herein and he came to demise on 20.01.2022.
2. After the demise of Abdul Rehman, the case of the petitioner for grant of family pension, being wife of the deceased, was processed and during the processing, it came to the fore that the deceased employee had drawn excess pension with effect from 01.02.2009 till his death. The respondents, as such, vide order No. 72-B dated 17.02.2023 revised the monthly pension of deceased employee and accordingly directed for release of family pension in favour of the petitioner, after deduction of the excess pension drawn by the deceased employee, with effect from 01.02.2009 till his death.
3. The order No. 72-B dated 17.02.2023 has been impugned by the petitioner through the medium of present petition on the ground that the excess pension paid to the deceased employee could not have been recovered from the family pension of the petitioner in terms of the various pronouncements of the Apex Court, particularly when the fault, if any, was that
Recovery of excess pension from family pension is impermissible when the recipient is not at fault for the overpayment.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
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 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 payment from retired employees and the impermissible situations for recovery.
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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