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CHANDIGARH: “Excess pension” cannot be taken back from a military veteran who retired nearly 50 years ago merely because the amount was “erroneously” paid, the Punjab and Haryana HC has held and imposed a cost of Rs 25,000 on the Centre for its “illegal and perverse” order of recovery from an 80-year-old.
“The Union of India is restrained from making any recovery. The amount which has already been made from petitioner shall be refunded forthwith along with interest of 6% per annum within three months,” Justice Jasgurpreet Singh Puri said while allowing the petition by Kashmir Singh from Punjab. The HC pointed out that he had retired in 1974 and had “been constrained to file petition” because of the pension-recovery order. “The action of the Union of India is in violation of the law laid down by SC,” Justice Puri said.
Singh was recruited as a sepoy in 1964 and his pension started in April 1979 in “Category-C”. After 45 years of retirement, the Centre detected a mistake in its computer system and claimed he was required to be given pension as a reservist but had got it as a sepoy due to the error.
The Centre asked Singh to deposit the excess amount and started deductions of Rs 3,500 per month from his pension. Challenging the decision in the HC, Singh said he hadn’t committed any fraud or misrepresentation. If his pension was erroneously fixed by the Centre, it couldn’t be recovered from him after retirement.
“The Union of India is restrained from making any recovery. The amount which has already been made from petitioner shall be refunded forthwith along with interest of 6% per annum within three months,” Justice Jasgurpreet Singh Puri said while allowing the petition by Kashmir Singh from Punjab. The HC pointed out that he had retired in 1974 and had “been constrained to file petition” because of the pension-recovery order. “The action of the Union of India is in violation of the law laid down by SC,” Justice Puri said.
Singh was recruited as a sepoy in 1964 and his pension started in April 1979 in “Category-C”. After 45 years of retirement, the Centre detected a mistake in its computer system and claimed he was required to be given pension as a reservist but had got it as a sepoy due to the error.
The Centre asked Singh to deposit the excess amount and started deductions of Rs 3,500 per month from his pension. Challenging the decision in the HC, Singh said he hadn’t committed any fraud or misrepresentation. If his pension was erroneously fixed by the Centre, it couldn’t be recovered from him after retirement.
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