Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.

ORDER :

Shamim Ahmed, J.

1. This Writ Petition has been filed, under the Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records, relating to the order passed by the 3rd Respondent, in proceedings in Na.Ka.No.312A, dated 22.08.2022 and to quash the same.

2. The facts of case, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are that the Petitioner's husband, B.Aandappan had joined as a Village Head Man on 17.05.1957 and after his retirement, he died on 19.11.2017. By the GO.Ms.No.828 (Rev), dated 23.08.1996, family pension was sanctioned in favour of the Petitioner from 19.12.2018 onwards. The Petitioner received the entitled pending pension amount and she also started to receive the family pension at the rate of Rs.6,750/.- p.m. While so, in the year 2022, the 3rd Respondent had passed the impugned order, dated 22.08.2022, stating that since it was found, during the audit conducted by the concerned Authorities that an excess family pension amount to the tune of Rs.2,94,233/- was paid to her for the period from 20.11.2017 to 31.07.2022, the Petitioner had to repay the above said excess amount. From 01.08.2022 onwards, the pension amount was not credited in her pension account till date to recover the alleged excess pension amount paid to her. Hence, contending that unless the impugned order of recovery is set aside, she will be put to irreparable loss and hardship, since she is the sole bread-winner of the family and relying on various decisions of the Honourable Supreme Court and the High Courts, passed in similar circumstances, this Writ Petition has been filed, seeking the prayer as stated above.

3. In the counter affidavit filed by the 3rd Respondent, it is stated as follows:-

(a)The husband of the Petitioner, B.Aandappan had joined as a Village Head Man on 17.05.1957 and after his retirement, he died on 19.11.2017. The husband of the Petitioner was dismissed from service with special ordinance passed by the Government of Tamil Nadu, with effect from 14.11.1980. Then, as per GO.Ms.No.828, dated 23.08.1996, he was authorised to receive a special pension of Rs.175/- with effect from 05.12.1986 and at Rs.250/- from 22.07.1998, by the 1st Respondent, vide Pension Payment Order No. 52871/VOA and he was drawing pension from the Office of the 3rd Respondent.

(b)As per the GO.Ms.No.336, Finance Department, dated 17.11.2017, the pension was revised at Rs.6750/- with effect from 01.10.2017. Based on the application of the Petitioner, seeking family pension, she was sanctioned the family pension of Rs.6,750/- plus allowance per month as per the Rules in force with effect from 20.11.2017 by the 3rd Respondent by the Order No.49/2018/A1, dated 19.02.2018 and she was paid family pension upto July 2022 in the above mentioned rate of pension.

(c)While so, during the Audit of Keeranur Sub Treasury records by the Regional Joint Director of Treasuries and Accounts, Trichy during July 2022, it was found that though the Petitioner is a Ex.V.O's Family Pensioner, she is eligible for the pension of Rs.2,250/- plus allowances only with effect from 20.11.2017 as per G.O.Ms.No.336, Finance Department, dated 17.11.2017 and hence, excess payment of pension and allowances amounting to Rs.2,94,233/- has to be recovered from the Petitioner. During the Audit, the Petitioner had also given a consent letter, dated 22.08.2022 to recover the excess amount in monthly instalment basis at the rate of Rs.3,000/- p.m. from her monthly pension. Only on the basis of the consent letter for recovery of the excess pension amount paid to her, the 3rd Respondent had passed the impugned order, dated 22.08.2022 for recovery of the excess pension amount paid to the Petitioner and revised the monthly pension from Rs.6,750/- to Rs.2250/- from August 2022 onwards. Since the Petitioner's family pension is not in consonance with the GO.Ms.No.336, dated 17.11.2017, hence, the excess pension amount paid to the