SHANTI BAI Vs. COMMISSIONER

JUDGEMENT

(1.) By filing this petition, the petitioner has prayed for setting aside the direction to recover an amount of Rs. 32,672/- from the petitioner with further prayer to direct the respondents to continue to pay her pension @ Rs. 664/- per month.

(2.) In the rejoinder, the petitioner has not questioned the formula, by which the petitioner's pension is recalculated. In other words, it is not the case of the petitioner that the action of the respondents in reducing the pension and refixing it, as mentioned in paras 1.3 and 1.4 of the return, is impermissible. It is only contended that the recovery is impermissible.

(3.) In the considered opinion of this Court, in absence of establishing that the petitioner is entitled to continue with pension @ Rs. 664/- per month, no fault can be found in re-calculating and re-fixing the widow's monthly pension as Rs. 468/-. Thus, the action of respondents in- calculating and re-fixing the pension is upheld.