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2023 Supreme(P&H) 1322

HARSIMRAN SINGH SETHI
Sona Devi – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.K. Redhu, Advocate
For the Respondent:Mr. Harish Rathee, Ms. Neha Rana, Advocate

JUDGMENT :

HARSIMRAN SINGH SETHI, J.

1. In the present petition, grievance of the petitioner is that her family pension has been deducted to the tune of 50% so as to recover the excess amount which was paid to her by the respondents.

2. Certain facts needs to be mentioned for the correct appreciation of the issue in hand.

3. One Sh. Kanwar Singh late husband of the petitioner who was working with the Department of Health, Haryana, retired on attaining the age of superannuation on 31.01.2004. After the retirement, the said Kanwar Singh S/o Roop Ram was granted the benefit of pension. The husband of the petitioner died on 23.07.2005 but the pension was being granted to Kanwar Singh. In the year 2019, the respondents realized their mistake of giving the pension to a dead employee rather than fixing the family pension of the petitioner, the respondent issued an order recovering the excess amount paid to Kanwar Singh by way of pension, so as to be deducted from the family pension for which the petitioner was entitled for after the death of her husband.

4. The grievance of the petitioner is that without giving any recovery notice, straightaway the deduction have been made from the entitlement

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