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R C Manchanda   09 May 2022

Service matter

1      Whether pension to a retired  Govt Employee can be reduced with out any notice due to mistake or otherwise on the         part of employer against already issued PPO . Pension rule of state debar it but department do not bother and                   restore  reduction arbitrary with out serving any notice  Advice.what action should be initiated against employer

2      Whether arear of enhanced pension as per rules already paid to retired person against PPO can be recovered from          retired Govt employee  with out  any notice or intimation even if  paid by mistake.

       The related judgements on the subject may please be exhibited



Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     09 May 2022

The pensioners are having very powerful Associations, backed up with good leaders and expert counsels to handle such matters.  It is very difficult for an individual to himself fight out the issue.  Please seek guidance from the association for filing writ, as they may be having entire set of latest judgments against such authoritarian practice.

Dr J C Vashista (Advocate)     10 May 2022

Q1, Whether pension to a retired  Govt Employee can be reduced with out any notice due to mistake or otherwise on the part of employer against already issued PPO . Pension rule of state debar it but department do not bother and restore  reduction arbitrary with out serving any notice  Advice.what action should be initiated against employer.

A. No, it can not be reduced to the loss of pensioner. Issue legal notice followed by application in jurisdictional CAT through a local prudent lawyer practicing service matters.

2      Whether arear of enhanced pension as per rules already paid to retired person against PPO can be recovered from retired Govt employee  with out  any notice or intimation even if  paid by mistake.

A. It cannot be recovered even if pension is enhanced or otherwise erronously been paid, earlier order over-ruled  .

The Supreme Court held that excess payment made to an employee cannot be recovered after his retirement on the ground that the said increments were granted on account of an error.

A bench of Justices S A Nazeer and Vikram Nath said restraining back recovery of excess payment, is granted by courts, not because of any right in the employees, but in equity, in the exercise of judicial discretion to relieve the employees from the hardship that will be caused to him.


 

Read more at:
https://economictimes.indiatimes.com/news/india/excess-payment-made-to-employees-cant-be-recovered-after-retirement-on-ground-of-error-sc/articleshow/91266724.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

 

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