INDRA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition is filed by a widow who is in receipt of family pension. Her grievance arises out of deductions effected from that pension towards recovery of what the Respondents term as excess payment. Her case is that the alleged excess did not arise from any misrepresentation, concealment or other act on her part, but from the Respondents' own processing of the pension. She further states that the recovery was initiated unilaterally, without prior notice or disclosure of the basis on which it was sought to be made, and that the deductions have operated with particular severity because they are being made from family pension. Factual background

(2.) The Petitioner's husband, late Sh. Shiv Narayan, entered government service on 15/10/1980 as an LDC. He died in harness on 6/6/2003 while serving as a UDC in the Election Department under the SDM, South-West Delhi, at the DC Office, Kapashera, New Delhi.

(3.) Following his death, family pension was sanctioned in favour of the Petitioner through PPO No. 69674-03-0121-1 issued by PAO No. 1, Government of NCT of Delhi, to be disbursed through the State Bank of India, Kapashera Branch. The PPO record shows that the Petitioner was entitled to family pension at the enhanced rate of Rs.2,650.00 from 7 th June, 2003 to 6/6/2010, and thereafter at the normal rate of Rs.1,590.00 from 7/6/2010 till death or remarriage, whichever occurred earlier.