Unknown vs Bhagwati Prasad Nautiyal
2025 Latest Caselaw 5142 UK

Uttarakhand High Court

Unknown vs Bhagwati Prasad Nautiyal on 30 October, 2025

                                                       2025:UHC:9564-DB

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                AND

  THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY

            Writ Petition (S/B) No.405 of 2025
                         30th October, 2025


 State of Uttarakhand & Ors.                          ---Petitioners

                                Versus

 Bhagwati Prasad Nautiyal                     ---Respondent
 --------------------------------------------------------------
 Presence:-
 Mr. S.S. Chaudhary, learned Standing Counsel for the State/petitioners
 --------------------------------------------------------------
 JUDGMENT :

(per Sri G. Narendar, C.J.)

1. Heard the learned Government Counsel.

2. The State is before this Court being aggrieved by

the order of the Tribunal allowing the claim petition and

directing payment of interest on the delayed payment of

monthly pension and refund of the amount deducted.

3. The Tribunal has placed reliance on several

rulings of the Apex Court. The admitted fact is that the

increment was calculated from 1st January, 2018 instead of

1st July, 2018 and in that view certain excess payments

were made and that the same came to be detected by the

Office of the Directorate of Pensions and in that view

recovery was ordered.

2025:UHC:9564-DB

4. It is apparent that the error is not on account of

any act or omission on the part of the respondent but

purely attributable to the Office. In that view, the excess

payment or loss to the State ought to have been recovered

from the Officer who committed the error and not from a

"pensioner". It is pertinent to note that the recovery

proceedings were initiated after the respondent had been

superannuated. Assuming the same to be correct, it is no

justification for the petitioner to have stopped payment of

the monthly pension.

5. In that view, we find no error in the judgment of

the Tribunal. Accordingly, the writ petition stands rejected.

Liberty is granted to the petitioner to seek recovery from

the Officer, who caused loss to the State exchequer.

6. Petition stands ordered, accordingly. There shall

be no order as to costs.

7. Copy of this order be forwarded to the Chief

Secretary, Government of Uttarakhand.

(G. NARENDAR, C. J.)

(SUBHASH UPADHYAY, J.) Dated: 30.10.2025 R/SS