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Lien on pension account

(Querist) 30 March 2018 This query is : Resolved 
My mother has a pension account on SBI kolkata headquarter branch, she was given an overpayment of pension by the bank quite a few years back and it continued for sometime. After the bank noticed it they sent us a letter mentioning that my mother has received extra pension amount from the bank and the bank will deduct 1/3rd of the pension amount from now on until it is totally recovered but suddenly yesterday they sent a letter to us mentioning that a lien has been put on my mother's pension account and we need to pay the due amount of 602000 immediately. although we asked them to mention several times through mails that what exactly is the pension amount that we are receiving from govt of west bengal and what is the amount that is left behind after deduction for so many months they never gave us those figures. What should we do now?
Guest (Expert) 30 March 2018
The pension details and the amount of over payment can be sought from from the pension sanctioning office, as bank is not supplied with complete details of due, drawn and over payment statement. Although the bank should also be informed by the pension office about complete details of recoveries, but due to ignorance or shortcuts being applied by the officials, the bank is simply informed about the total amount of the over payment to be recovered from the pensioner, So, take help of the pension sanctioning office instead of the bank..
rajeev sharma (Expert) 30 March 2018
Well advised by Expert Mr. Dhingra. The bank is only the disbursing agency of the department giving pension. If any over payment is made it is made by the government department and only it has a right to recover that. I presume that the department might have instructed the bank to constitute lien on the account. So contact the department find out full facts and then decide further course of action. The amount of pension is also mentioned in the pension order so you too may calculate the amount overpaid to your mother .
siddhartha ghosh (Querist) 30 March 2018
Thanks for your valuable suggestions. we will follow them and let you know what happens
Dr J C Vashista (Expert) 31 March 2018
Very well analysed and advised by experts, I agree.
Contact Pension Disbursing Officer, Pension Sanctioning Officer as well as Central Pension Processing Bank.
T. Kalaiselvan, Advocate (Expert) 02 April 2018
In my opinion this issue will not be solved even if the pensioner approaches the pension sanctioning authority because this appears to be a mistake of the pension disbursing authority i.e., the Bank, which has erroneously paid excess pension.
The rule in this regard shall be that the bank shall recover 1/3rd of the pension amount very month after giving notice to the pensioner and being informed about the details of the excess paid andit may continue till it is recovered fully

The legal position on the case of recoveries of excess pension remitted by banks to pensioners is as follows:-

(a) The Banks (PDAs) are not permitted to make such recoveries beyond one third of the pension per month after intimation to the pensioner.

(b) However, in case they have faulted and have recovered the amount in excess of 1/3rd of the monthly pension they are required to make the refund. In case they still fail to do so the pensioner can take recourse from their jurisdictional High Courts.

(c) Before preferring to file the case in hon'ble High Courts the pensioners must first take up the case with their Banks, Regional Bank Officers and the Bank Head Offices and get a reply from them if need be by resorting to the RTI Act 2005, for their reasons to debit the Pension Account without taking pensioner's consent.

It may also be brought to notice that a writ of mandamus has been judged in favour of the pensioners hon'ble Delhi High court in WP (C) 1079/2008 Wg Cdr SVS Gahlot Vs UOI, WP (C) nos 7522/2008 and 7525/2008 and WP (C) No: 8338/2008 not to recover any excess pension paid to the pensioner who did not falsify any data.

The high court held that:
A writ of mandamus is issued quashing the impugned order of recovery and the amount, if any, recovered from the pension should be remitted to the petitioners within a period of three months from today. The petition is allowed leaving the parties to bear their own costs. At this stage, learned counsel for the respondents pointed out that there are a number of similarly situated officers who would be compelled to approach this Court in view of the orders passed by us earlier and today.

We see no reason why such an eventuality should arise when we have settled the legal position in that behalf and in respect of all such officers, who benefit from the orders passed by us.


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