SMT. SURINDER KALSI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, wife of the late Baldev Kalsi, by filing the present petition under Articles 226/227 of the Constitution of India has sought for issuance of a writ in the nature of mandamus restraining ht respondents from recovering the alleged excess amount of Rs. 58630/- which was paid to the petitioner on account of family pension.

(2.) The petitioner's husband Baldev Kalsi was working as Deputy Director, Industries, Punjab and was posted as General Manager at Jalandhar. He died in harness on 13.9.1997. After his death, the petitioner was getting family pension. The petitioner received a latter dated 3.9.2004, Annexure P-1 from the Bank of India (respondent No. 4) asking her to contact them. On petitioner's visit to the office of respondent No. 4, she was informed that an amount of Rs. 58630/- is to be recovered from her as the same has been paid in excess. She was informed that her husband was due to retire on 15.12.2002, therefore, as per rules, her family pension has been reduced. It is averred that when petitioner withdrew family pension for the month of October-2004, she was given Rs. 2709/- only in stead of Rs. 4709/- and on enquiry, she was informed that deduction of Rs. 2000/- has been made on account of alleged excess payment of Rs. 58630/-.

(3.) Respondent No. 4 in its written statement has stated that respondents No. 1 to 3 had fixed the family pension payable to the petitioner, @ Rs. 4463/- P.M. with effect from 14.9.1997. Thereafter, respondent-Bank was informed by respondent No. 2 vide letter dated 22.6.2000 (Annexure R-4/2) that petitioner's family pension has been fixed at Rs. 2678/- with effect from 15.12. 2002. Due to shortage and frequent transfers of staff, the bank continued making payment @ Rs. 4463/- P.M. even after 14.12.2002. After this mistake was detected, the petitioner was directed to refund the excess amount so paid to her. The petitioner was also fully aware that after 15.12.2002 her pension would be reduced form Rs. 4463/- P.M. to Rs. 2678/- P.M. and that the excess amount of Rs. 58630/- which has been inadvertently paid to her, is to be recovered.