Chandigarh CAT’s decision in favour of woman

Recovery of amounts sent by mistake after retirement is illegal; money will have to be returned within 2 months.

Chandigarh: Chandigarh CAT has declared it illegal to recover the amount sent by mistake after retirement from a widow. The Chandigarh Bench of the Central Administrative Tribunal (CAT), while making an important decision, has directed the bank to stop the recovery of the outstanding amount and return Rs 2.56 lakh.

The bank cannot force the widow to recover the excess amount paid during the lifetime of the retired employee due to its own mistake.

Recovery is illegal, given the prescribed law.

The lawyer argued that the recovery was illegal given the law laid down by the Supreme Court, but the bank justified it. The tribunal said, “Whether it is the fault of SBI, employer, or PCDA pension, the fact is that neither the applicant nor the applicant’s husband had any fault. Therefore, the recovery action by the bank in this case is declared illegal.

In her application, the late Gajendra Singh’s wife, Bhagwan Devi, told the tribunal that her husband was working in the office of Military Engineer Services, Garrison Engineer, Chandigarh. After retirement, a pension was given under the order of May 22, 2012. The family pension started after her death on December 18, 2019. On January 21, 2020, 2.56 lakhs were deducted from the account without information.

Regarding this, a complaint was sent to the SBI manager of Bidyar in the Tehri Garhwal district of Uttarakhand. The bank informed through a letter on February 5 that some excess payment of Rs 8 lakh 40 thousand 933 was made in the regular pension. Due to this, after deducting 2.56 lakhs, the remaining Rs 5 lakh, 84 thousand, and 933 will also be recovered.

CAT The CAT has given this decision on the complaint of Bhagwan Devi, the widow of a retired C-category employee from the Military Engineer Services. CAT has declared the bank’s action to recover the extra payment from the widow’s account without prior notice as illegal. The bench has also directed the bank to stop recovery and return the debited amount of Rs 2.56 lakh within two months.