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G. S. AHLUWALIA
Anugrah Kiran Das – Appellant
Versus
State Bank Of India, Bhopal – Respondent
| Table of Content |
|---|
| 1. petition filed against excess pension payment. (Para 1 , 2) |
| 2. opposition from respondents regarding writ's maintainability. (Para 3 , 5) |
| 3. respondents' stance on commuted pension deduction. (Para 4 , 6 , 7) |
| 4. petitioner confirmed receipt and obligation regarding pension. (Para 8 , 9) |
| 5. petitioner's key argument citing rafiq masih case. (Para 10 , 14) |
| 6. court's consideration of petitioner's awareness of excess payment. (Para 11 , 13 , 16) |
| 7. a reference to prior judicial precedent regarding recovery. (Para 12) |
| 8. court's obligation to notify of overpayments. (Para 15) |
| 9. undertaking validity and its implications. (Para 18 , 19) |
| 10. conclusion on the legality of the bank's demand. (Para 20 , 21) |
| 11. judicial principles on interest during stay orders. (Para 22 , 23) |
| 12. interest on excess payment and recovery terms. (Para 24 , 25) |
| 13. final dismissal of the petition. (Para 26) |
ORDER :
G. S. Ahluwalia, J.
This petition under Article 226 of Constitution of India has been filed against order dated 9-3-2020 passed by respondent No. 1/State Bank of India by which petitioner has been informed that excess payment to the tune of Rs. 3,11,894/- has been paid and thus it was directed t
A retiree's undertaking to refund excess pension received legally binds them to repayment; recovery is permissible despite prior overpayment judgments when the retiree was aware of their pension comm....
The excess amount paid to an employee may not be recoverable if it was not due to misstatement or fraud on the part of the employee, as established in State of Punjab & Ors. v. Rafiq Masih.
Recoveries from pensioners are permissible only under strict guidelines to prevent hardship, emphasizing protection for retired employees against unjust financial demands.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Unauthorized deductions from a pensioner's account without valid consent amount to a violation of principles of natural justice under Articles 14, 16, and 21 of the Constitution.
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....
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