Case Note & Summary
The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher pay scale and increments as per government policy. Upon his retirement on 31.05.2018, the respondent no.5 forwarded his pension proposal. However, the respondent no.3 passed an order on 11.06.2018 recovering Rs.1,35,513/- from his pension towards alleged excess payment. The petitioner challenged this recovery order and the earlier order dated 15.01.2018 passed by respondent no.5. The court held that recovery from pension without affording any opportunity of hearing is arbitrary and violative of principles of natural justice. The court quashed the recovery order and directed the respondents to refund the recovered amount within four weeks.
Headnote
A) Service Law - Recovery from Pension - Natural Justice - Recovery of excess payment from pension without prior notice and opportunity of hearing is arbitrary and violative of principles of natural justice - Held that pension is a right and not a bounty, and recovery without hearing is unsustainable (Paras 5-7).
Issue of Consideration
Whether recovery of excess payment from pension without affording opportunity of hearing is permissible
Final Decision
Writ petition allowed. Order dated 11.06.2018 passed by respondent no.3 and order dated 15.01.2018 passed by respondent no.5 are quashed and set aside. Respondents directed to refund the recovered amount of Rs.1,35,513/- to the petitioner within four weeks.
Law Points
- Recovery from pension without notice is arbitrary
- natural justice principles apply
- pension is not a bounty
