Reg-family pension

sanjay verma (Querist) 09 March 2012 This query is : Resolved
Dear Sir/Madam,
My mother in law is availing family pension since august 2002 as my father in law expired during his service period. She was getting pension at an enhanced rate till January 2012, but last month bank officials told her that as per rule she should get ehahnced pension up to seven years after the demice of her husband and after that it would be on a normal rate. And now they are telling there will be a recovery of Rs 1,20,000/ from her pension as they have paid excess pension for almost two and a half year. But this is not the fault of my mother in law, and now if there is recovery, it will be very dificult for her to survive as during recovery she will be getting Rs4000pm only. please help me out so that we can get out of this problem.If there is any similar cases please send me the details of such cases so that we can quote it to the bank. I shall be thankful to you for this.
Regards
Sanjay Verma
Mb. No. 7204036360

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Kirti Kar Tripathi (Expert) 09 March 2012
File a writ petition against the Bank. Law is clear, No recovery is permissible with retrospectives effect if other party is not at fault.

Guest (Expert) 09 March 2012
It is not the bank, rather the bank would be acting on the direction of the pension sanctioning authority. Any suit against bank is therefore likely to bounce back against the pensioner, as the bank is acting merely as a disbursing agent of the pension sanctioning authority.

Even otherwise also, the position stated by the bank about entitlement of enhanced family pension upto 7 years after death of the employee is correct. Recovery of overpaid pension can be adjusted from out of the future payment of pension.

Better you contact the pension sanctioning authority for easy way out instead of thinking about a law suit.

Ghanshyam Prasad (Expert) 09 March 2012
Seens your M.I.L.is not at fault Bank can not recover.However,they will not agree without cout,s order.F.B.decision of P.and H.High courtof 2010 is relevent.

Raj Kumar Makkad (Expert) 09 March 2012
I do agree with the advice of Ghanshyam.

Nadeem Qureshi (Expert) 09 March 2012
I also agree with experts

Shonee Kapoor (Expert) 09 March 2012
I agree with experts, no recovery is possible in the instant case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Kirti Kar Tripathi (Expert) 09 March 2012
There are nos of judgments in this regard. Make representation, if no action is taken or represention is denied or recovery is made from pension, file writ of mandamus