Writ petition challenging an order directing recovery of excess family pension due to alleged wrong pay scale fixation. The court held recovery impermissible post-retirement without fraud.
Order directing recovery of Rs. 60,314 from family pension set aside; money already recovered to be returned within six weeks.
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Court No. - 2
Case :- WRIT - A No. - 215 of 2018
Petitioner :- Smt. Kishori Devi
Respondent :- U.P.Power Corporation Ltd. Lucknow And 4 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Ramendra Pratap Singh
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Ranjit Saxena for the petitioner, Standing Counsel for State and Sri Pranjal Mehrotra for respondents.
Counter affidavit filed today, is taken on record.
The writ petition has been filed against the order of Executive Engineer, Electricity Urban Test Division/ Pension Drawing and Disbursement Officer, dated 13.5.2016 by which he has directed for recovery of Rs. 60314 /- from the pension of the petitioner.
It has been stated that husband of the petitioner retired from the post of Peon. After his death, the petitioner was getting family pension. The impugned order shows that the petitioner was granted family pension by the order dated 22.11.2010 and it is alleged that family pension has wrongly been fixed as Rs. 3865/- per month although it would be Rs. 3500/- per month. Thus excess payment of Rs. 60314/- has been made to the petitioner , which has been directed to be recovered from the family pension of the petitioner.
I have considered the arguments of the counsel for the parties and examined the records.
A Larger Bench of Supreme Court in State of Punjab vs. Rafiq Masih, (2015) 4 SCC 334 has held that if excess payment has been made due to wrong fixation of pay scale to Class III and Class IV employee, then it cannot be realized after retirement. This judgement has been followed by Division Bench of this Court in Special Appeal No. 238 of 2017 (Smt. Ramkali Vs. UP Power Corporation Ltd and others) decided on 26.4.2017 and various other judgements of Hon'ble Single Judge of this Court.
The matter is fully covered with the law laid down in the aforesaid cases. There is no allegation that petitioner has made any false representation or committed any mischief. In such circumstances, no recovery can be made for the excess payment from the family pension of the petitioner.
In the results, the writ petition succeeds and is allowed. The order of Executive Engineer, Electricity Urban Test Division/ Pension Drawing and Disbursement Officer, dated 13.5.2016 , to the extent of recovery of Rs. 60314 /- from the pension of the petitioner, is hereby set aside. The money which has already been recovered from the family pension of the petitioner, shall be returned to the petitioner within a period of six weeks from the date of producing a certified copy of this order before the authority concerned.
Order Date :- 9.3.2018 Rahul /-
2 issues framed by the court
Whether recovery can be made from family pension for excess payment due to wrong fixation of pay scale after retirement without false representation.
Whether the impugned order directing recovery from family pension is sustainable in light of Supreme Court precedents.
Colour shows how this judgement treated each authority
State of Punjab vs. Rafiq MasihFollowed¶11
State of Punjab vs. Rafiq Masih, (2015) 4 SCC 334 · Who else cites this
Smt. Ramkali Vs. UP Power Corporation Ltd and othersReferred¶11
Special Appeal No. 238 of 2017 (Smt. Ramkali Vs. UP Power Corporation Ltd and others)
1 provisions across 1 enactments
Smt. Kishori Devi
U.P. Power Corporation Ltd.
Ram Surat Ram (Maurya)
As recorded by the court registry
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