The Punjab and Haryana High Court observed that once a citizen knew that the amount was being paid to her beyond her entitlement, the said excess payment paid to her should have been brought to the notice of the authorities concerned.
Brief Facts:
The present petition was filed by a widow challenging the recovery of Rs. 6.36 lakh by the State authorities from the family pension. The petitioner was being paid the enhanced family pension for a period of seven years, which was to be reduced to the normal family pension. Thereafter, as per the pension payment order, the petitioner was informed that the enhanced rate of the family pension would be payable from 12.05.2001 up to 11.05.2008 and thereafter, the family pension would be released to the petitioner on normal rates starting from 12.05.2008. The petitioner continued to get the enhanced pension up to 31.08.2021 thereby getting a sum of Rs.6,22,520 beyond the entitlement.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner argued that once an excess amount has been paid to the petitioner by the respondents without there being any misrepresentation on the part of the petitioner, keeping in view the judgment of the Hon’ble Supreme Court of India in the State of Punjab and others v. Rafiq Masih, it was stated that no amount could be recovered.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondents submitted that no valid opportunity was given to the petitioner to defend herself against the said recovery hence, the recovery being made from the family pension of the petitioner is by violating the principle of natural justice.
Observations of the Court:
The court stated that before the enhanced family pension was given to the petitioner, she was informed that for a period of 7 years starting from 12.05.2001 till 11.05.2008, the petitioner would be paid the enhanced family pension and thereafter, the family pension would be paid at the normal rate. Further the court stated that once the said terms and conditions were brought to the notice of the petitioner, she should have objected to the payment of the amount beyond her entitlement starting from 12.05.2008 onwards and should have informed the respondents about the same.
Further the court stated that despite knowing that she was not entitled to an enhanced pension after a period of 7 years, she continued to get the same for a further period of 13 years. Every citizen claims rights but no one is ready to discharge the liability. Once a citizen knew that the amount was being paid to her beyond her entitlement, the said excess payment paid to her should have been brought to the notice of the authorities concerned.
The decision of the Court:
The court dismissed the petition.
Case Title: Taranvati vs. State of Haryana
Coram: Hon’ble Mr. Justice Harsimran Singh Sethi
Case No.: CWP-12398-2024
Advocate for the Applicant: Mr. Ashutosh Kaushik
Advocate for the Respondent: Mr.Harish Nain
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