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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Binapani Patnaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed regarding pension recovery. (Para 1 , 2 , 3) |
| 2. petitioner contests recovery based on previous rulings. (Para 4) |
| 3. respondents defend recovery due to improper payment. (Para 5 , 6) |
| 4. court assesses legality of excess payment recovery. (Para 7) |
JUDGMENT :
1. This matter is taken up through Hybrid Arrangement (virtual/Physical) Mode.
3. The Petitioner has filed the present Writ Petition inter alia with the following prayer. It is therefore most humbly prayed that the Hon’ble Court may be graciously pleased to admit this writ petition, call for the relevant records and after hearing both the parties, to allow the Writ Petition to the extent that:-
(b) Hon’ble Court be further pleased to issue of an appropriate writ(s), order(s) and/or direction (s), particularly a writ in the nature of mandamus commanding upon the O.P. NO.4 to refund the amount already recovered from the saving bank account of the Petitioner to the tune of Rs.2,73,000/- from 01.12.2020 onwards from Petitioner’s family pension till the date of filing of this petition towards excess paid amount of pension.
4.1. It is contended that basing on Annexure-2 and by the time the Writ Petition w
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 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....
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 from retired employees is permissible if an undertaking authorizing such recovery was provided by the employee.
Recovery of excess payments made negligently without employee's fault is impermissible, emphasizing judicial discretion to prevent hardship.
Unauthorized deductions from a pensioner's account without valid consent amount to a violation of principles of natural justice under Articles 14, 16, and 21 of the Constitution.
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