Authority: High Court of Punjab & Haryana at Chandigarh
Order Date: 17 July 2026
Case Overview
- The petitioner, Amarjit Kaur, filed a writ petition under Articles 226/227 of the Constitution of India seeking a certiorari to quash SBI’s order/notice dated 02‑Nov‑2023, which reduced her family pension and initiated recovery of Rs 7,00,345 by deducting Rs 7,009 per month from 20‑Nov‑2023.
- Counsel for the petitioner argued that she had been receiving pension regularly until the impugned order and that the reduction was due to a computational error, with no fraud or misrepresentation on her part.
- Respondent‑Bank (SBI) contended that PPO No.49827/S/PB dated 10‑Aug‑2004 granted the petitioner an enhanced basic pension of Rs 2,700 per month (24‑Oct‑2003 to 23‑Oct‑2010) and thereafter a normal rate of Rs 1,800. Under the Fifth Punjab Pay Commission, the basic pension was revised to Rs 4,068 effective 01‑Dec‑2011, but due to a clerical error it was mistakenly fixed at Rs 6,102, resulting in an overpayment of Rs 7,00,345 for the period 01‑Dec‑2011 to 31‑Oct‑2023.
- The petitioner had earlier executed an affidavit dated 03‑Sep‑2004 and an undertaking dated 06‑Sep‑2004 to refund any excess pension paid erroneously by the Government/Bank.
- The Court examined prior judgments: Balbir Singh vs. State of Haryana (04‑Sep‑2014), Surinderjit Singh vs. State of Punjab (12‑Sep‑2023), Parkash Singh vs. State Bank of India (29‑Jan‑2024), and Makhan Singh vs. State of Punjab (19‑Mar‑2024), all upholding recovery of excess pension arising from clerical errors.
- The Court reiterated the principle of unjust enrichment: excess amounts credited due to clerical error are recoverable, and the petitioner is not entitled to retain them.
Final Outcome
- The petition is dismissed with no order as to costs.
- The recovery of the excess pension amount of Rs 7,00,345 will continue through monthly deductions of Rs 7,009 from the petitioner’s pension account, as directed in the order dated 02‑Nov‑2023.
Topics: Pension Recovery, Banking Law