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122504   14 November 2016

Pension recovery: wrong fixation

Dear Sir/Madam,

My Father was retired from  RPF (Railway protection force) in April 2004.

and get proper pension till 2014. in 2014 bank inform my father that excess pension  amount  is paid due to wrong fixation last pention is about 16000/- and after reduce it was approx 9500/-.

Now bank forcing my father deposit excess payment paid. which is  approx 5 Lakhs,

my father is unable to pay this huge amount. he has no fault and has age around 70 years.

please suggest us how to over come this situation.

Thanks & Regards.

Arun Sharma

 

 

 

 

 

 



Learning

 14 Replies

adv.bharat @ PUNE (Lawyer)     14 November 2016

Excess payment is not your fault.

U need to make complaint to pension pay authority about it.

Ms.Usha Kapoor (CEO)     15 November 2016

You caompalin to Pension Authority for payment of excess pay by putting in a request.REques them that you will Pay them in EMIs OR REQUEST THEM TO WAIVE  THE EXCESS RENT RECOVRY ALTOGETHER.Its because of their fault  that you'd ended up receiving excess pay.Tehey are estoppe d from denying itnow. Doctrine of Promissory extoppel applies.If you appreciate this answer please convey my forum thanks by clikcing forum thanks.

Ms.Usha Kapoor (CEO)     15 November 2016

IN the above answerI typed excess rent. please delete it and  replace itwith excess pay.

Thanks ansd  Regards,

122504   15 November 2016

Bank is asking for deduction, we met the railyway authority (clerk) Ajmer division from where my fathere is get retired, Clerk is asked to pay excces payment my father was received in pension.

is there any Law / Rule /  Court order  so we take legel advise,

pls advise.

thanks & Regards.

 

Arun Sharma

 

 

 

122504   15 November 2016

What do u mean sir pension pay authority, please explain .

how we take this matter to  pension pay authority.

 

 

Sudhir Kumar, Advocate (Advocate)     16 November 2016

It is not clear as t whether you are convinced or not that the payment is excess or merely said to be excess.

Sudhir Kumar, Advocate (Advocate)     16 November 2016

I am not able to fully agree with the idea that the excess payment (if really excess0 can be purely due to deptt's folly.

 

Ther employee sumits a pension claim form wherein he states his length of service and last basic pay.

Sudhir Kumar, Advocate (Advocate)     16 November 2016

In case the payment is really excess then promissory estopple may not operate against a statutory provision.

Kumar Doab (FIN)     17 November 2016

"is there any Law / Rule /  Court order  so we take legel advise,"

 

You can certainly take legal advise, from a counsel specializing in service matters.

Your counsel can examine the matter from the prespective of last post of Mr. Sudhir Kumar, and advise you.

 

Sudhir Kumar, Advocate (Advocate)     18 November 2016

In case the overpayment is due to misrepresentation of facts by the pensioner then :-

  1. Recovery can be made
  2. Action can be initiated for total withdrawal of pension.
  3. FIR can be made against him  and procession officials.

In such case the pensioner will be begging before the deptt to accept the refund.

So better be equipped with facts without which no advise can be proper.

Kumar Doab (FIN)     18 November 2016

A dispute shall occur either due to yur stand or due to dept.

If it has to occur then consult in advance with full facts.

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

First, do not worry.   Second, the pensioner is aged 70 years.  Third, the Bank has to recover 5 lakhs on the ground that it has allegedly paid that amount excess.  You need not take any action.  If either the bank or pension payment authority takes any legal action to recover the amount, then only you should start to take action.  There are certain guidelines laid down by the supreme court prohibiting the recovery of excess amount   (whether  it was excess or not is still a disputed  question) and the pensioner squerely comes in those exceptions and the bank cannot recover the excess amount.  Note down our mobile number and if the bank takes any legal action contact us for free legal advise and aid.  Again I say, do not bother about bank's barkings.  They can do nothing against the pensioner.

1 Like

Kumar Doab (FIN)     19 November 2016

You may carefully go thru the posts of Samparan.

 

1 Like

122504   06 December 2016

Ok sir, Thank u very much


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