Hon’ble Siddharth, J.—Heard Sri Arvind Srivastava III, learned Counsel for the petitioner and Sri Santosh Kumar Mishra and Sri P.N.Tripathi, learned Counsel for the respondents.

2. The petitioner has filed the above noted writ petition praying for quashing of the orders dated 19.9.2013 and 9.10.2013, issued by Senior Account Officer and Pay & Accounts Officer, Central Pension Accounting Office, Government of India, New Delhi, direction for granting of entire recovery proceedings initiated by the Allahabad Bank Tharvai Branch, Allahabad against the petitioner and direction for refund of the amount already recovered from the pension of the deceased husband of the petitioner and also from the family pension of the petitioner alongwith interest has also been sought.

3. The husband of the petitioner, late Ramphal was working as “Picker” in Food Corporation of India Office at Allahabad, he superannuated on 31.7.1995 and ultimately died on 30.7.2014. After the death of her husband, the petitioner discovered that the pension of her husband, which was Rs. 25,668/- in May, 2014 was reduced to Rs. 8,405/- in June, 2014 and Rs. 10,167/- in July, 2014 without any notice or opportunity of hearing. After various applications under the Right to Information Act to the Regional Manager, Food Corporation of India, Finance Controller of the Food Ministry, Principal Accounts Officer, Allahabad Bank, etc., when no information was given to the petitioner, he filed a Writ Petition No. 2632 of 2016, before this Court, which was finally disposed off vide order dated 21.1.2016, directing the Regional Manager of the Corporation to consider the grievance of the petitioner and passed reasoned and speaking order. Accordingly, the Regional Manager of the Corporation has passed an order dated 11.5.2016 referring to the impugned orders dated 19.9.2013 and 9.10.2013 of the Senior Account Officer and Pay & Accounts Officer Central Pension Accounting Office, Government of India, New Delhi.

4. The respondent No. 2, Food Corporation of India, Allahabad has filed its Counter-affidavit stating that on the basis of recommendation of Vth Pay Commission, Basic Salary of deceased husband of the petitioner had been revised and put in the revised pay scale of Rs. 4620 - 100-5120 - 120 - 656 - 125 - 6685 - 130 - 6815 - 140 - 8215, w.e.f., 1.1.1997. Again his Pay Scale has been revised and he has been put in pay scale of 8900-22100 w.e.f., 1.1.2007. The competent authority revised his pension to Rs. 3648/- w.e.f., 1.1.1997 and Rs. 8451/- w.e.f., 1.1.2007. The family pension of the petitioner has been fixed at Rs. 4490/- w.e.f., 1.1.2014. D.A. Pattern Pension was not covered under 6th Pay Commission and excess payment of pension was made to the petitioner, which is liable to be recovered. The recovery was started in the life time of the husband of the petitioner but he never objected the same. Office of Pay & Accounts (Department of Food), New Delhi is the competent authority in relation to fixation and disbursement of pension.

5. Another Counter-affidavit has been filed on behalf of respondent Nos. 1 and 2 stating that vide order dated 9.7.1997, Senior Accounts Officer, Ministry of Consumer Affairs, Food & Public Distribution has fixed basic pension of Rs. 1040/- of the deceased husband of the petitioner. Later, it revised the pension vide order dated 17.5.2001 at the rate of Rs. 2025/- w.e.f., 1.8.1995 per month. The Basic Pension of the petitioner from 1.1.1997 to 21.12.2006 was revised to Rs. 3648/-. Late Ramphal did not provide his Life Certificate from 2001 onward, therefore, his pension was not revised and the Bank wrongly fixed the same and paid much more than his entitlement. He submitted his Jeevit Praman Patra only on 31.7.2013, The recovery from the petitioner is in accordance with law.

6. The respondent Nos. 4, 5 and 6, Allahabad Bank have filed their Counter-affidavit stating that the petitioner’s husband was employee of Food Corporation of India and att