State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014
15. The case of the respondents is that excess payment of dearness
relief on pension has been made to the applicant, which is sought to
be recovered by the impugned order dated 10.10.2017. The
applicant in the O.A. has challenged the recovery firstly on the
ground that the respondents have not acted as per Rule-9 of CCS
(Pension) Rules, 1972, where the pension can only be withheld or
withdrawn by the Hon‟ble President of India in case of retired
government servants secondly, that recovery proceedings against
retired government employees are impermissible as per law laid
down in the case of Rafiq Masih (supra) and thirdly that the NOVOD
Board had no power to issue the recovery order after the Board
stood repealed by an Act of Parliament on 06.05.2016.