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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
Paramjit Kaur – Appellant
Versus
Accountant General – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. Through instituting the present writ petition, the petitioner impugns the demand notice dated 12.04.2021 (Annexure P-2), whereby the respondent No.2- State Bank of India (hereinafter referred to as the “S.B.I.”), being the pension disbursing authority, has sought to recover the excess payment of family pension from the petitioner.
2. Assailing the impugned demand notice, the principal contention advanced by learned counsel for the petitioner is that there was neither any misrepresentation, fraud, deception, nor concealment of material facts on the part of the petitioner. It is submitted that the petitioner had no role whatsoever in the fixation or calculation of the family pension payable to her. The excess payment, if any, was solely on account of an error committed by the S.B.I. and, therefore, recovery of such excess amount is impermissible in law, particularly when tested on the anvil of equity.
3. Learned counsel for the petitioner further submits that the petitioner is solely dependent upon the meagre family pension for her sustenance and has no other source of income to survive in the twilight years of her life, especially while grappling with mu
Recoveries from pensioners are permissible only under strict guidelines to prevent hardship, emphasizing protection for retired employees against unjust financial demands.
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....
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....
The impermissibility of recovery in certain situations and the iniquitous nature of recovery after a long period.
Recovery of excess pension payments may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
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