SHIVANI JOSHI Vs. STATE BANK OF INDIA
LAWS(P&H)-2024-3-29
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 15,2024

Shivani Joshi Appellant
VERSUS
STATE BANK OF INDIA Respondents


Referred Judgements :-

STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]


JUDGEMENT

JAGMOHAN BANSAL, J. - (1.)The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 9/1/2020 (Annexure P-1) whereby respondent has recovered a sum of Rs.1,79,121.00 from the family pension of the petitioner.
(2.)The husband of the petitioner was working with Indian Navy. He retired from Indian Navy on 31/7/2011 and as per applicable rules, started getting pension from Government of India. The payment was made through respondent-State Bank of India. The said employee passed away on 8/12/2019 and thereafter, the petitioner-wife of deceased employee started getting family pension. The respondent after death of aforesaid employee came to know that bank had made excess payment of Rs.1,79,121.00 during 1/7/2014 to 30/11/2019. The respondent has recovered aforesaid amount from the family pension of the petitioner.
(3.)Mr. Anupam Singla, counsel for the petitioner would submit that respondent made alleged excess payment during the life time of petitioner's husband and respondent cannot recover alleged amount from the family pension.


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