KALYANA SUNDARI Vs. ACCOUNTANT GENERAL (A & E)

JUDGEMENT

(1.) This writ appeal filed by the Writ Petitioner is directed against the order, dated 31.01.2019 passed in W.P.(MD)No.2075 of 2019. The Writ Petition was filed praying for issuance of a Writ of Mandamus to forbear the respondents from making any recovery from the appellant's monthly pension.

(2.) The case of the appellant is that she was working as a B.T., Assistant in the fifth respondent School and retired from service after 28 years on 31.10.2008 and she received a monthly pension of Rs.35,258/- (Rupees Thirty Five Thousand Two Hundred and Fifty Eight only). For the month of December 2018, since full pension was not credited, the petitioner approached the authorities and came to know that instructions have been issued by the second respondent for effecting recovery. As excess payment of Rs.4,04,608/- (Rupess Four Lakhs Four Thousand Six Hundred and Eight only) had been made to the petitioner. The petitioner in the writ petition pleaded that the alleged mistake committed by the Department cannot be attributed to her and because of her ill health and other issues, such excess payment made, should not be recovered.

(3.) The writ petition was disposed of, by directing the fourth respondent to determine the pension payable taking the appellant's last drawn salary as Rs.23,030/- (Rupees Twenty Three Thousand and Thirty only) with regard to the excess amount paid, which was directed to be deducted from the future pension on instalment basis at permissible rate. Aggrieved by the same, the appellant is before us by way of this appeal.