ANUGRAH KIRAN DAS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed against order dtd. 9/3/2020 passed by respondent No.1/State Bank of India by which petitioner has been informed that excess payment to the tune of Rs.3,11,894.00 has been paid and thus it was directed that either petitioner may refund the entire amount in one installment or else the excess amount shall be recovered in easy monthly installment of Rs.12,394.00.

(2.) It is the case of petitioner that petition is a retired teacher. The petitioner is a widow and uses major amount of her pension towards medical treatment and the recovery of the excess payment made to petitioner has adversely affected her financial condition. It further submitted that in the light of judgment passed by Supreme Court in the case of State of State of Punjab & Others vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334, the recovery of excess payment made to the retired employee is not permissible. It is further submitted that in the impugned order it has already not been clarified that under what circumstances excess payment of her pension was made.

(3.) Per contra, the petition is vehemently opposed by counsel for respondents No.1 and 2. The respondent No.3 has also filed its return separately.