STATE BANK OF BIKANER Vs. JAIPUR

JUDGEMENT

(1.) BY this petition for writ, the petitioner is seeking direction to declare the letter 10. 1. 2008 (Annex.-3) and the statement of dues Annexure-4 illegal. By the letter Annexure-3 dated 10. 1. 2008, the Chief Manager, State Bank of Bikaner and Jaipur, public Park Branch, Sriganganagar has resettled the petitioner's pension after calculating the excess payment made to her during the period from 27. 5. 2000 to 31. 12. 2007.

(2.) IN brief, facts of the case are that the petitioner's husband shri Kuldeep Singh retired from service on 31. 5. 1993 and he died on 20. 4. 96. Family pension, as per Rules was allowed to the petitioner and a pension payment order was accordingly issued, copy whereof is available on record as Annexure-R/1. In pension payment order, it is clearly stated that the petitioner shall be entitled for family pension in tune of Rs. 3330/- from 1. 9. 1996 to 26. 5. 2000 and thereafter she will be entitled for sum of Rs. 1820/- against family pension. The respondent Bank despite specific assertion aforesaid made payment of pension to the petitioner in tune of Rs. 3330/- even after 26. 5. 2000. On knowing about the erroneous excess payment, the Bank decided to effect recovery of the amount so paid. Being aggrieved by the same, this petition for writ is preferred.

(3.) THE contention of the learned counsel for the petitioner is that whatever amount paid to the petitioner is because of error on the part of the Bank employees and as such, the petitioner cannot be held responsible for the same. It is also stated that no mis-representation was made by the petitioner for getting higher pension and as such, in view of the judgments of the Hon'ble supreme Court in Union of India and Ors. Vs. Rekha Majhi, reported in (2000) 10 SCC 659 and Sahib Ram Vs. State of haryana and Ors. , reported in 1995 Supp (1) SCC 18 no recovery could have been made from her. Reliance is also placed by the learned counsel for the petitioner upon judgment of division Bench of this Court in Premlata Gaur Vs. State of rajasthan and Ors. , reported in RLW 2000 (4) Raj. 608 and single Bench judgment of this Court in Pukha Ram vs. State of rajasthan and Ors. , reported in 2005 (8) RDD 3324 (Raj. ).