If Excess Pension Amount Was Being Accepted With Due Knowledge That Same Can Be Recovered Later, Recovery Cannot Be Objected: Punjab & Haryana HC
The Punjab & Haryana High Court rejected a petition objecting to the recovery of excess funds by authorities, while observing that if a citizen realizes they are receiving more money than entitled, they should notify the relevant authorities about the surplus payment.
The Court was hearing a petition, where a grievance was raised by the petitioner against the recovery by the authorities from the family pension of the petitioner.
The bench of Justice Harsimran Singh Sethi observed, “Every citizen claims rights but no one is ready to discharge the liability. Once a citizen knew that the amount is being paid to her beyond her entitlement, the said excess payment paid to her should have been brought to the notice of the authorities concerned.”
Advocate Ashutosh Kaushik appeared for the Appellant and Advocate Teginder Singh appeared for the Respondents.
Brief Facts-
The Petitioner Taravanti, widow of Hukam Chand, who is a retired Blacksmith from the Haryana Roadways Department received an enhanced family pension for seven years. Upon discovery of the discrepancy, the authorities issued a legal notice for the refund of the excess amount and began recovery procedures. The Petitioner contested the recovery in Court, arguing she did not receive the initial show cause notice. The Court ordered a fresh notice but the petitioner did not reply, leading to continued recovery efforts, which she is now challenging in this Writ Petition.
The Court noted that before the enhanced family pension was given to the petitioner, she was informed that for 7 years the petitioner would be paid the enhanced family pension and thereafter, the family pension would be paid at the normal rate.
The Court said that once, the said terms and conditions were brought to the notice of the petitioner, she should have objected to the payment of an amount beyond her entitlement and should have informed the respondents about the same. According to the Court, despite knowing that she was not entitled to an enhanced pension after 7 years, she continued to get the same for a further period of 13 years.
“It is not the case that the petitioner never knew that she is being paid money beyond her entitlement. Once an excess amount was being accepted by the petitioner with due knowledge, not only that the said amount can be recovered at the later stage, now objecting to the recovery of the excess amount is not permissible.”, the Court said.
The Court noted that the Rules of Natural Justice have been brought so that in case a person has a valid explanation for any proposal, the same should be brought to the notice of the authorities concerned for their consideration. However, according to the Court, the rules cannot be extended to abuse the process of law.
The Court further noted that the Petitioner failed to file a reply to the show cause notice.
Accordingly, the Court said that the recovery ipso facto becomes liable to be done from the petitioner. Thus, the Court dismissed the Petition.
Cause Title: Taravanti v. State of Haryana (Neutral Citation: 2024:PHHC:075098)
Appearance:
Respondent: Asstt. AG Harish Nain, Adv. Teginder Singh and Adv.Gaurav Goel
