Recovery from Family Pensioner after five years is not permissible in law in absence of fraud or misrepresentation – Madras High Court – 21-03-2025.
click: 25.03.2025 Madras High Court Jment Recovery
- To sum and substance, in this case, as stated above, the Petitioner was not given a sufficient opportunity or show cause notice, before passing the impugned order. In view of the above said referred decisions of the Honourable Supreme Court and the Honourable Principal Bench and the Madurai Bench of the Madras High Court, the impugned order of recovery cannot be permissible in law, since the impugned order was passed after long duration of period after retirement of the husband of the Petitioner/Family Pensioner. Therefore, there is no merits whatsoever in the claim of the Respondents to recover the excess pension amount paid to the Petitioner/Family Pensioner, at this belated stage and hence, the present Writ Petition is liable to be allowed and the impugned order of recovery is liable to be quashed.
25. In the result, in the light of the observations and the discussions made above and in the light of the decisions referred to above, this Writ Petition is allowed, as prayed for. The impugned order passed by the 3rd Respondent, in proceedings in Na.Ka.No.312A, dated 22.08.2022 is hereby quashed. The Respondents are directed to pay the arrears of the family pension amount, if any, at the rate of Rs. 6,750/- p.m. from 01.08.2022 till the date of payment, within a period of six weeks from the date of receipt of a certified copy of this order and thereafter, to continue to pay the family pension at the above said rate to the Petitioner/Family Pensioner regularly.
