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G. S. AHLUWALIA
Anugrah Kiran Das – Appellant
Versus
State Bank Of India, Bhopal – Respondent
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 that either petitioner may refund the entire amount in one installment or else the excess amount shall be recovered in easy monthly installment of Rs. 12,394/-.
2. It is the case of petitioner that petitioner is a retired teacher. The petitioner is a widow and uses major amount of her pension towards medical treatment and the recovery of the excess payment made to petitioner has adversely affected her financial condition. It further submitted that in the light of judgment passed by Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, the recovery of excess payment made to the retired employee is not permissible. It is further submitted that in the impugned order it has already not been clarified that under what circumstances excess payment of her pension was made.
3. Per contra, the petition is vehemently opposed by counsel
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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