Illegal recoveries from the pension of a retired Havildar, Indian Army – Armed Forces Tribunal stayed the recovery

 21.07.2022

Armed Forces Tribunal

 

Illegal recoveries from the pension of a retired Havildar, Indian Army – Armed Forces Tribunal stayed the recovery

 

Laxmi Narain is a retired Havildar, Indian Army. He retired/discharged from service on 01.11.1974. As on date, Laxmi Narain is 78 years old.

 

Laxmi Narain has no source of income except pension which he receives from the Indian Army. Vide Order dated 09.05.2022, it was declared by the Indian Army that Laxmi Narain has received excess pension w.e.f. 09.08.2010 and, accordingly, directed the concerned bank to make recoveries from the pension of Laxmi Narain.

 

Being aggrieved by the order dated 09.05.2022, Laxmi Narain filed an Original Application (OA No. 1492/2022) before the Armed Forces Tribunal, Principal Bench, New Delhi. Laxmi Narain submitted before the Tribunal that in terms of the law declared by the Hon’ble Supreme Court in State of Punjab Vs. Rafiq Masi, AIR 2015 SC 696, no recoveries can be made from the pensionary benefits. It was also submitted that Laxmi Narain was a group ‘C’ employee and, therefore, even otherwise the order of making recoveries from the pension was illegal. It was also submitted that no excess amount on account of pension was paid to Laxmi Narain and, as a matter of fact, he was entitled to receive revised/higher amount of pension than what was being paid to him.

 

In view of the submissions made by Laxmi Narain, the Armed Forces Tribunal, vide Order dated 21.07.2022, issue notice to the Union of India/Indian Army and also, inter-alia, declared as under: -

 

“In the meanwhile, there shall be stay of recovery. Respondent No.4 is also directed to instruct the concerned Bank not to make any further recovery.”

 

It may be noted that Laxmi Narain has served the country by participating in Indo China War 1962, Indo Pak War 1965 and also in Indo Pak War 1971.

 

[Ex Hav. Laxmi Narain Vs. Union of India, OA No. 1492/2022, Armed Forces Tribunal, Principal Bench, New Delhi, vide Order dated 21.07.2022]

 

Anuj Aggarwal

Advocate

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New Delhi - 110014

 

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