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JAGMOHAN BANSAL
Ex Naik Bhag Chand – Appellant
Versus
Director General of Police, CRPF – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents not to effect recovery with respect to already paid pensionary benefits.
2. The respondent vide communication dated 23.05.2017 (Annexure P-16) has ordered for recovery of excess pension drawn by Bhag Chand-petitioner.
3. Mr. Sukhdev Singh Gopera, counsel for the petitioner would submit that during the pendency of petition, the petitioner has passed away and his wife passed away earlier.
4. Mr. Karan Kumar Jund, Senior Panel Counsel, submits that no recovery of excess payment can be made from LRs of deceased employee.
5. Learned counsel for the respondent-bank asserts that a sum of Rs. 97,754/- was recovered from deceased employee and remaining amount is yet to be recovered.
Faced with statement made by learned counsel for the respondent-UOI, Mr. Mahesh Dheer, Advocate submits that deceased employee had furnished undertaking and as per said undertaking, bank can recover excess payment even from legal heirs.
6. During the pendency of present petition, Bhag Chand-petitioner has passed away. His wife is also no more. The
No recovery of excess pension can be made from legal heirs of a deceased employee in the absence of statutory provisions, affirming the constitutional right to pension under Article 300A.
Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on....
Recovery of excess pension from retired employees is permissible if an undertaking authorizing such recovery was provided by the employee.
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