##PAGE1##

:: 1 :: O.A. No. 269/2025

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing

Original Application No. 269/2025

Reserved on:- 26.11.2025

Pronounced on: - 05.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

Sukesh Gupta aged 56 years

W/o Lt. Sh. Rajnish Kumar

R/o H.No.330 Lane No.4 Colonel Colony, Talab Tillo, Jammu

180002.

...Applicant

(By Advocate: - Mr. Sanjay Sharma)

VERSUS

1. Union Territory of Jammu & Kashmir

Through its Commissioner/ Secretary

Department of food. civil Supplies & Consumer Affairs.

Civil Secretariat, Jammu/ Srinagar 180001.

2. Director General, Accounts and Treasuries,

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

##PAGE2##

:: 2 :: O.A. No. 269/2025

Finance Department, Union Territory of Jammu & Kashmir Jammu/

Srinagar 180001

3. Treasury Officer, Additional Treasury, TalabTillo, Jammu 180002

4. Senior Accounts Officer (Pension Cell) Office of the Accountant

General, J&K, Jammu 180001

5. Branch Manager, J&K Bank BU NSM College Patta Bohri Jammu

180002.

…Respondents

(By Advocate: Mr. Rajesh Thappa, ld. AAG, Mr. Sumant Sudan,

Mr. Kartikey Sharma, Mr. Sudesh Magotra, AAG, Mr. Hunar

Gupta, DAG)

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

##PAGE3##

:: 3 :: O.A. No. 269/2025

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following

reliefs: -

In view of the facts mentioned in Para no. 4, the applicant

prays for the following reliefs:-

A. Quashment of Order No. Nil dated Nil passed by the

respondents/ non-applicants as communicated by Respondent/

Non-Applicant No. 3 dated Nil by virtue of which the

Respondent/ Non-Applicant No. 5 has been directed to recover

the excess amount of family pension, in a unilateral decision,

for an amount of Rs. 2591880/- (twenty-five lakhs ninety-one

thousand eight hundred eighty rupees only) from the applicant/

pensioner, without giving any opportunity to show cause to the

applicant alleging therein that excess pension has been paid

with effect from 01.11.2008 to 31.12.2024.

B. Further relief directing the respondents/ non-applicants not

to recover the amount of family pension paid to the applicant.

Any other relief which this Hon'ble Tribunal may deem just and

proper in the facts and circumstances of the case be passed in

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

##PAGE4##

:: 4 :: O.A. No. 269/2025

favour of the applicant and against the non-applicants/

respondents.

2. The facts of the case as averred by the applicant in his pleadings, are

as follows: -

a) The applicant is the widow of Late Shri Rajnish Kumar, who

was serving in the General Administration Department of the

erstwhile State of Jammu and Kashmir and retired from service

on 31.12.2007 while holding the post of Financial Advisor.

After retirement, he was in receipt of regular pension till his

demise on 21.10.2008. Consequent upon his death, the

applicant became entitled to family pension and the same was

sanctioned and released in her favour with effect from

01.11.2008 through a duly issued Pension Payment Order.

b) The family pension of the applicant was initially sanctioned at

the enhanced rate of ₹22,137/- per month and was continuously

paid to her without interruption or objection from any of the

respondents for several years. The applicant continued to

receive family pension as revised from time to time in

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

##PAGE5##

:: 5 :: O.A. No. 269/2025

accordance with successive pay revisions, including the period

from 01.01.2015 onwards, during which the pension was

disbursed regularly and credited to her bank account through

the Treasury and the designated bank.

c) In the year 2017, respondent No.3 initiated correspondence

with respondent No.4 for verification and settlement of the

family pension case of the applicant. In response thereto,

respondent No.4, vide communication dated 09.07.2018,

clarified that the applicant was entitled to family pension at the

enhanc

Click Here to Read the rest of this document