SHANTI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the action of the respondents in making the recovery from her pensionary benefits and that too without following the principles of natural justice or issuing any show cause notice.

(2.) As per the pleaded facts, petitioner joined as a JBT Teacher on 13.11.1972. She got promotion as Head Teacher on 20.01.2005 and ultimately, retired as such on 31.03.2006. After the retirement, the pensionary benefits of the petitioner were released keeping in view the last salary drawn by her and pension @ Rs.26,143.00 per month was fixed. It has been stated in the writ petition that unilaterally, without there being grant of opportunity of hearing, the pension was reduced by the respondents from Rs.26,143.00to Rs.17,566/-. No order to this effect was ever served upon the petitioner by which, the competent authority decided to reduce the pension of the petitioner. The counsel for the petitioner argues that the petitioner does not know as to on what basis the pension of the petitioner was reduced after a period of 11 years from Rs.26,143.00 to Rs.17,566/-.

(3.) Notice of motion was issued on 01.08.2017, upon which the respondents appeared and filed reply to the writ petition. In the reply, it has been stated that after the retirement, the petitioner availed the leave travel concession facility and while reimbursing the benefit of the refund, the petitioner was paid with an excess amount to the tune of Rs.30,315.00 and the said amount was recovered in three installments @ Rs.8,782.00 for the month of May, June and July, 2017 and Rs.3,969.00 for the month of Aug., 2017. It has been contended that after the said recovery, the petitioner is again being paid the same pension i.e. Rs.26,143.00 starting from Sept., 2017 onwards.