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2024 Supreme(P&H) 465

HARSIMRAN SINGH SETHI
Taravanti – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appearing Parties :Mr. Ashutosh Kaushik Advocate, Mr. Harish Nain AAG, Haryana, Mr. Teginder Singh Advocate, Mr. Gaurav Goel

JUDGMENT :

Mr. Harsimran Singh Sethi, J.(Oral): In the present petition, the grievance being raised by the petitioner is qua the amount of Rs.6,36,386/- which is being recovered by the respondents from the family pension of the petitioner

2. Certain facts needs to be noticed for the correct appreciation of the facts mentioned.

3. The husband of the petitioner namely Hukam Chand, who was working with the Haryana Roadways Department on the post of Blacksmith retired from service on 31.12.2000, who died on 11.05.2021. The petitioner was being paid the enhanced family pension for a period of seven years, which was to be reduced to the normal family pension. Thereafter, as per the pension payment order, the petitioner was informed that enhanced rate of family pension will be payable from 12.05.2001 upto 11.05.2008 and thereafter, the family pension will be released to the petitioner on normal rates starting from 12.05.2008.

4. Inadvertently, the petitioner continued to get the enhanced pension upto 31.08.2021 thereby getting a sum of Rs.6,22,520/- beyond the entitlement.

5. When, the said discrepancy was discovered by the respondents, a legal notice was given to the petitioner for the refund

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