Do not recover excess pension, HC tells corporation
Staff Reporter
Madurai, June 09, 2019 00:00 IST
The Madurai Bench of Madras High Court directed the Madurai Corporation not to recover excess pension paid to the family of a retired employee.
Justice S.M. Subramaniam observed that in respect of an erroneous fixation of scale of pay or revised pension, the authorities concerned are empowered to correct the mistake.
However, the excess payment already made cannot be recovered, more specifically, from retired employees and from the family pension granted after the death of the employee.
The court was hearing the writ petition filed by M. Azhagarsamy of Madurai. Following the death of his wife, a retired employee with the Corporation, the petitioner was receiving the pension in accordance with the Pay Rules in force.
However, the Corporation claimed that an excess payment of monetary benefit was made and the said amount would be recovered from the monthly pension.
The court observed that the recovery of the amount already paid to the employee undoubtedly would cause prejudice and affect the livelihood.
The excess payment already made cannot be recovered from the petitioner and if any amount was already recovered, the same should be reimbursed within 12 weeks, the court said.
Staff Reporter
Madurai, June 09, 2019 00:00 IST
The Madurai Bench of Madras High Court directed the Madurai Corporation not to recover excess pension paid to the family of a retired employee.
Justice S.M. Subramaniam observed that in respect of an erroneous fixation of scale of pay or revised pension, the authorities concerned are empowered to correct the mistake.
However, the excess payment already made cannot be recovered, more specifically, from retired employees and from the family pension granted after the death of the employee.
The court was hearing the writ petition filed by M. Azhagarsamy of Madurai. Following the death of his wife, a retired employee with the Corporation, the petitioner was receiving the pension in accordance with the Pay Rules in force.
However, the Corporation claimed that an excess payment of monetary benefit was made and the said amount would be recovered from the monthly pension.
The court observed that the recovery of the amount already paid to the employee undoubtedly would cause prejudice and affect the livelihood.
The excess payment already made cannot be recovered from the petitioner and if any amount was already recovered, the same should be reimbursed within 12 weeks, the court said.
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