Case :- WRIT - A No. - 18014 of 2018 Petitioner :- Smt. Gulabi Devi Respondent :- Union Bank Of India, Branch Parashurampur, Azamgarh, And 2 Others Counsel for Petitioner :- Bipin Kumar Tripathi Counsel for Respondent :- Vikash Chandra Tripathi,Ashish Agrawal
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's husband was employed in North-Eastern Railways and got superannuated in the year 1991. The deceased employee, thereafter, was receiving pension in his pension Account No. 437602030032003. The pensioner appears to have died on 02.04.2018. This fact was informed to the authorities and thereafter, petitioner, being widow of the deceased employee, started receiving family pension.
Grievance of the petitioner is that all of a sudden, the authorities have unilaterally reduced family pension payable to the petitioner and have also started making recovery on the pretext that petitioner's husband was paid excess pension and that, petitioner's family pension amount has also been incorrectly calculated. Action of the respondents is challenged on the ground that without affording any opportunity of hearing, such unilateral deduction and recovery is impermissible in law. Learned counsel for the petitioner has also placed reliance upon a judgment of the Apex Court in State of Punjab and others Vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 332 to contend that recovery is, otherwise, impermissible.
Shri Ashish Agrawal appearing for the respondent no. 1 as well as Shri Vikash Chandra Tripathi appearing for respondent nos. 2 and 3 contend that such grievance of the petitioner can more appropriately be examined by the competent authority, at the first instance.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon respondent no. 2 to accord consideration to the petitioner's claim, as noticed above, in accordance with law, and an appropriate order, in that regard, would be passed within a period of three months from the date of presentation of a certified copy of this order.
The petitioner shall be at liberty to make a fresh comprehensive representation while filing the certified copy of this order. The authority concerned shall afford an opportunity of personal hearing to the petitioner and shall pass a fresh order keeping in view the observations made in para 12 of the judgment of the Apex Court in Rafiq Till a fresh decision is taken by the authority concerned, no recovery shall be effected from the petitioner's pension. The determination shall be subject to fresh orders to be passed, as indicated above. The amount of deduction already made shall be subject to fresh orders to be passed by the authority.
A certified copy of this order be supplied to the counsel for the petitioner, today, on payment of usual charges.
Order Date :- 24.8.2018 Amit Mishra