Petitioner challenged reduction and recovery from her family pension. Court directed filing of counter affidavit and stayed the deduction order.
Stayed deduction/adjustment from family pension
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Court No. - 20
Case :- WRIT - A No. - 2774 of 2024
Petitioner :- Bindumati
Respondent :- State Of U.P. Addl. Chief Secy. Basic Education Deptt. Lko. And 2 Others Counsel for Petitioner :- Manoj Kumar Gupta,Rajesh Kumar Shukla
Counsel for Respondent :- C.S.C.,Abhinav Singh
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and Shri Vivek Shukla, learned counsel for the State.
The instant application has been filed assailing the order dated 13th December 2023, whereby, the amount of pension of the petitioner is reduced and further vide order dated 13th February 2024, the adjustment/recovery is done from family pension.
Contention of the learned counsel for the petitioner is that the husband of the petitioner joined as Assistant Teacher in primary school on 13.11.1973 and retired on 30.06.2012 thereafter, he died on 28.11.2015 and therefore, PPO was issued and he was getting pension. Once, the husband of the petitioner expired and the family pension was issued to the petitioner amounting ₹8516/- per month since 15th January 2015, thereafter, vide the Government Order dated 1st February 2016, the family pension is enhanced two and half times and it was being paid to the petitioner, but all of sudden, without showing any reason, an order for deduction/adjustment from family pension was passed on 13th February 2024.
He argued that without any cogent reason, the family pension of the petitioner has been reduced and the direction for adjustment is given, which is impermissible, under the law.
On the other hand, the counsel for the State, on the basis of instruction submits that vide order dated 1st January 2016, the family pension was enhanced and thereafter, the decision is taken to revise the pension.
Considering the submission of learned counsel for the parties, it transpires that even if the family pension is reduced, the deduction of excess payment can not be done as per settled law, thus, matter requires consideration.
Let counter affidavit be filed by the opposite parties within
period of three weeks.
A week's time thereafter is granted for filing rejoinder affidavit.
List thereafter.
Until further orders, the deduction/adjustment from the family pension of the petitioner shall remain stayed.
Order Date :- 8.4.2024 Anurag, PS Gr-I
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
Bindumati
State Of U.P.
SHREE PRAKASH SINGH
As recorded by the court registry
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