Dear Sirs and Madams,
Many officers and wives of deceased officers complain that their PDAs, i.. banks have served a ...notice on them of over payment of pension and arrears. The over payment at times come to Rs 3 lakhs and above. The banks in many cases have started recovering such excess payments which is against several judgments of hon'ble Supreme Court.
There are eight judgments of hon'ble Supreme Court on this subject, I could collect so far which I am enclosing as attachments where in no recovery can be made from employees and pensioners, if excess payment is made when there is no malafide intension of the pensioner nor did he use unfair means to get excess amounts. It is entirely the fault of the payer i.e. Banks. In one of the judgments, the hon'ble Supreme Cort specifically mention when arrears are received the pensioner is bound to spend the money. So to recover excess payment is not acceptable as there is no role for the pensioner when he got excess payment.
Even as Director Sainik Welfare of Andhra Pradesh, my predecessor made some excess payment in salary to Ex Servicemen re-employed in our department. The excess payment came to Rs 58 lakhs distributed amongst 19 employees. When Govt of A.P asked me to serve a show cause notice on these employees to recover excess payment made, the 19 Ex-Servicemen went to A.P Adminstrative Tribuna who gave a judgment in favour of employees quoting one judgment of hon'ble Supreme Court. We filed a case in hon'ble High court of A.P where we again lost for similar reason. When we finally went to hon'ble Supreme Court our appeal was dismissed with all the contempt it deserved. So moral of the story is : If employer has made excess payment when the employee or pensioner did not have any role in excess payment, such payments can not be recovered.
Pl read these judgments in your spare time. I have also include our own case where in hon'ble Supreme Court was pleased to dismiss our appeal to permit us to recover excess payment made by us to our own Ex-Servicemen employees. They enjoyed the excess payment and finally Govt of A.P suffered loss of Rs 58 lakhs. Govt of India writes of Rs 5.65 lakh crores per annum as non revenue by giving various concessions to corporates and Rs 3.75 lakh crores from banks as NPAs. Then what is your excess payment?. The hon'ble Supreme court terms such losses as Chicken feed!!
Kindly join Lt Col Kulbir Singh in taking the legal route by filing a case in AFT. You are all bound to win. When the number of litigants are more, there is very good chance of your winning the case. The legal costs per head also comes down drastically.
If you keep quiet, you are the loser as banks will continue to recover one third of your monthly pension and also when you receive any arrears like you are going to receive for pension arrears from Jan 2006 by 17 Jul 2015, banks will cut the rest of so called excess payment in one one go.
Pl remember the undertaking PCDA(O) Pune takes from us that any overpayment detected at a later stage from us will be recovered is not worth even the paper on which it is written on. It is just a meaningless document. PCDA(O) Pune staff can collect all such undertakings taken from us and use them as toilet paper either in their office or at home.
The choice now left to you is to either suffer in silence or join Lt Col Kulbir Singh in your Dharma Yuddha. His e-mail id is in adress column.
Wish you all the very best in your fight for justice.
regards,
Brig CS Vidyasagar (Retd)
9493191380
---------- Forwarded message ----------
From: Lt Col Kulbir Singh <kulcreations@yahoo.com>
Date: Sat, Mar 21, 2015 at 11:57 AM
Subject: Fw: Fwd: Fw: Fwd: EXCESS PAYMENT OF ARREARS NOT TO BE RECOVERED
To: "csvidyasagar@gmail.com" <csvidyasagar@gmail.com>
Dear Brig Vidyasagar,
1. Please refer to our tele conversation today at 11.40 am. Thank you for your encouraging words of advice.
2. Regarding my case mentioned in u/m email, as suggested by you, I would like to file a litigation jointly along with other officers / widows who are similarly effected.
3. I will therefore appreciate if you can circulate the mail in the lists available with you, so that we can contact each other, share our views and if necessary put up a joint litigation.
4. In the meantime I request you to please send me the Supreme court's and other similar rulings available with you.
Thank you
Lt Col Kulbir Singh, Retd
Mohali, Chandigarh
9814006176
----- Forwarded Message -----
From: Lt Col Kulbir Singh <kulcreations@yahoo.com>
To: Sivasankar Vidyasagar <csvidyasagar@gmail.com>
Sent: Friday, March 20, 2015 12:57 PM
Subject: Fw: Fwd: Fw: Fwd: EXCESS PAYMENT OF ARREARS NOT TO BE RECOVERED
Dear Brig Vidyasagar,
I have received the u/m email of yours, sent to me after many forwards. It was fwd to me in response to my discussion with a colleague regarding a recovery initiated by my bank, PNB Chandigarh.
I took premature retirement from Army/ EME, on 10 Sept 1990, after QS of 22 Yrs 2 months & 25 days.
I received the latest PPO dated 01 Oct 2014, from PCDA ( P ) Allahabad. In that they have fixed my basic pension w.e.f. 24-9-2012 as Rs 23082.00. However I was being paid Rs 26245.00 ( Rs 3018/- more ) w.e.f. Oct 2012, as fixed by CPPC, Chandigarh. So the bank has initiated recovery of diff of Rs 3183.00 plus DA, totaling to Approx Rs 185,000.00.
It was then pointed out to me that they cannot do so based on the Chennai High Court and a Supreme court order. I do not have the Supreme court ruling.
Sir, can you offer any advise. Should I file a complaint and with whom ? I will appreciate if you can also fwd the Supreme court judgement.
Thank you.
Lt Col Kulbir Singh. Retd
Mohali ( Chandigarh )
9814006176
Dear All,
This is not only applicable in the case of pay and allces, pension payment etc but all payments made by a govt. body/PSU/Undertaking to any person wherein such person is not party in any misrepresentation/fraud/calculations towards such a payment. These cannot be recovered from him despite having sent in a certificate to otherwise.
Dear Sir,
Many veterans are dilemma when they receive a notice from PCDA(O) Pune that they are required to refund Rs X as they were paid excess inadvertantly.
They ask me what they should do.
I send a copy of hon'ble Supreme Court judgment which says that no recovery is permissible if such overpayment is made to pensioner.
Then the affected veterans send this judgment to PCDA(O) Pune and thereafter no more reminders.
Here is a judgment of hon'ble Madras High court on similar subject.
Pl disseminate this information to your friends and wives of deceased officers whom you know.
Thanks my friend Col Jagjit Singh Sidhoo (and not Sidhu).
regards,
Brig CS Vidyasagar (Retd)
9493191380
CHENNAI: The Madras high court has asked the state government not to recover 1.02 lakh excess pension paid to a retired employee, saying he should not be inconvenienced for a mistake committed by the authorities.
Justice D Hariparanthaman, passing orders on a writ petition filed by Madurai Pillai, quashed the recovery proceedings and directed the authorities to return 18,000 recovered so far.
Pillai, who worked in the agriculture department, retired from service in May 2006. As per the recommendations of the Sixth Pay Commission, his salary at the time of retirement was fixed at 11,520 in February 2010. Consequently, his pension was fixed at 6,960, payable from January 2007. He was also paid arrears due to him.
In 2011, the accountant-general's audit revealed that his pension had been wrongly fixed as 6,960 instead of 5,760. Pointing out that an excess pension of 1.02 lakh had been paid to him, the government initiated proceedings to recover the amount. Pillai moved the high court against the recovery order.
In his order, Justice Hariparanthaman said: "The erroneous revision of pension was not due to the furnishing of any details by Madurai Pillai. Instead, it was due to the mistake committed by the authorities."
"There is no misrepresentation on the part of Madurai Pillai with regard to the revision of his pension. Hence, any excess amount paid to him shall not be recovered," the judge said.
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