Service Matters - Recovery of excess Pension allowed after a period of seven years of fixation - Hon'ble High Court of Punjab and Haryana .

 Case: Recovery of Excess Pension. 
Court: High Court of Punjab and Haryana.
Case Details: CWP-7877 of 2020 (O&M).
Date of decision: 01.04.2022.

 Hon'ble High Court of Punjab and Haryana.has allowed Recovery of excess pension - After a period of seven years of the fixation of pension on the ground that while fixing the pension, incorrect calculations were done. Petitioner has not disputed that the petitioner received the amount beyond his entitlement. Therefore the recovery being done from the petitioner, cannot be faulted with - When the pensionary benefits were released to him in the year 2014 that being so, an undertaking that has been given by the petitioner at the time of receiving the pensionary benefits that in case any amount, paid to him, in excess of his entitlement, can be recovered - Undertaking cannot be ignored and the recovery is permissible.,-PARA 4,6 and 9.

Hon'ble Court relied on Apex Court judgment in the case of State of Punjab & Ors etc. v. Rafiq Masih (White Washer) etc. 2015 (1) S.C.T. 195: 2015 (1) Recent Apex Judgment (R.A.J.) 104 : (2015) 4 SCC 334, when the same is not permissible in law:

"(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(ili) Recovery from employees, when the excess payment has been made for a period in excess of five years before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover."

Click here to read the Judgment of the Hon'ble Court.

Click here to read the relied Judgment of the Hon'ble Apex Court.