Army can’t recover ‘erroneously’ paid ‘excess’ pension: HC

Chandigarh: The Punjab and Haryana high court has made it clear that the Army cannot recover “excess pension” paid to a military veteran who retired 50 years ago just because the amount was “erroneously” paid by the authorities. The court also imposed a cost of Rs 25,000 on the Centre for its “illegal and perverse” order of recovery from the veteran.
“The Union of India is restrained from making any recovery from the petitioner. The amount of recovery which has already been made from the petitioner shall be refunded along with interest of 6% per annum within three months. Since the petitioner is person of 80 years and retired in 1974, which was about 50 years ago, and he has been constrained to file the petition and apart from the fact that the action of the Union of India is in clear violation of the law laid down by the SC, the petitioner shall also be entitled for costs which are assessed at Rs. 25,000,” ordered Justice Jasgurpreet Singh Puri, while allowing a petition filed by Kashmir Singh, 80, from Punjab.