Madhya Pradesh High Court
Smt. Madhubala Bhatnagar vs The State Of Madhya Pradesh Thr on 28 June, 2016
1 W.P.No.5415/2015(S)
(Smt. Madhubala Bhatnagar Vs. State of M.P. & Ors.)
28.6.2016.
Shri D.S.Raghuwanshi, learned counsel for the petitioner.
Shri A.K.Shrivastava, learned Panel Lawyer for the
respondents/State.
With the consent of learned counsel for the parties, matter is heard finally.
This petition has been filed assailing the action of the respondents in effecting various recoveries from the pensionary dues admissible to the petitioner on the death of her husband Shri Santosh Kumar Bhatnagar who was working as Field Assistant in the office of respondent No.3. The details of the proposed recoveries have been extracted in para 5.2. of the petition which are as under :-
"(i) The recovery as against alleged excess payment of 6th pay commission salary to the husband of the petitioner,
(ii) Recovery of Rs.22014 from the GPF,
(iii) Recovery of Rs.46,600 as against payment of excess pay to the husband,
(iv) Recovery of Rs.4711/- as against payment of 6th Pay Commission to her husband during his life time,
(v) Recovery of Rs.60,000/- as against the bank loan,
(vi) Recovery of Rs.14,623/- from the pension."
After conscious thought to the return and the rejoinder, it is an admitted position that no recovery except for the amount of bank loan and the loan taken from the GPF account could have been effected by the respondent after the death of petitioner's husband in the light of the law laid down in the case of State of Punjab and others etc. Vs. Rafiq Masih (White Washer) etc. reported in 2015(1) M.P.H.T. 130(SC). Therefore, this petition is disposed of with a direction that recovery of Rs.60,000/- towards 2 W.P.No.5415/2015(S) the bank loan and of Rs.22,014/- regarding minus balance of GPF shall be effected from the credit payable to the petitioner and shall be paid to the concerned authority, namely the bank and the authority maintaining GPF account. Except for these two amounts, no recovery shall be effected from the pensionary benefits of the petitioner and the petitioner shall be entitled to all the benefits which shall be paid to her husband within sixty days of production of certified copy of the order passed today. With this direction, this writ petition is disposed of. It is further clarified that except for these two heads, namely the bank loan and the GPF minus balance, any other amount if already recovered, shall be refunded to the petitioner within a period of sixty days. The respondents are also directed to sanction the pension to the petitioner in terms of the provisions contained in the M.P. Civil Services (Pension) Rules, 1976 subject to entitlement.
(Vivek Agarwal) Judge ms/-