AI Structured Summary
Not yet generated for this judgment
Judgment
NAMIT KUMAR, J. (ORAL)
The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for setting aside the recovery amount of Rs.1,87,000/- which has been illegally ordered to be recovered from the petitioner on the ground that the petitioner was entitled for the full family pension upto 24.02.2010 whereas she had taken full pension upto 24.02.2018. Further, a writ of mandamus has been sought for directing the respondents to refund the amount which has already been recovered from the family pension of the petitioner, along with interest @ 18% per annum.
Notice of motion in the present case was issued on 30.11.2022, after recording the following contentions made by the learned counsel for the petitioner:-
“Inter alia submits that the petitioner is in receipt of family pension as her husband died in harness on 24.02.2003 and vide Pension Payment Order dated 08.05.2003 (Annexure P-1), she was entitled to family pension at enhanced rate up to 24.02.2018. Without issuance of notice to the petitioner, recovery of Rs.4,000/-p.m. is being effected from the family pension. No order has been served upon the petitioner or passed in that regard for effecting the recovery.
Notice of motion returnable for 23.03.2023.
Mr. Rajesh Mehta, Additional Advocate General, Punjab, accepts notice on behalf of respondent Nos.1 to 5 and waives service. He seeks and is granted time to complete instruction and file written statement.
To come up for service of respondent No.6.”
Separate written statements have been filed on behalf of respondents No.1 to 3, 4 and 5, however, the factum of not following the procedure before making recovery at the rate of Rs.4,000/- per month from the family pension of the petitioner, has not been denied. The action of the respondents is in violation of the principles of natural justice as neither any show cause notice was issued to the petitioner nor an opportunity of personal hearing has been afforded.
Faced with this situation, learned counsels for the respondents submit that the respondents shall not be averse to follow the procedure in case any recovery is to be made from the petitioner.
Keeping in view the above, the action of the respondents in ordering recovery of Rs.1,87,000/- and which is being recovered at the rate of Rs.4,000/- per month from the family pension of the petitioner, is hereby set aside with liberty to the respondents that in case any amount is recoverable from the petitioner, the same shall be done after following the due procedure, in accordance with law. However, the respondents are directed to refund the recovered amount to the petitioner within a period of two months from the date of receipt of certified copy of this order.
Disposed of in the above terms.