Authority: Delhi High Court
Order Date: 20.07.2026
Case Overview
- Petitioners: Kanak Pyne (widow of a former government employee) and another vs. State of West Bengal, Public Health Engineering Department, Punjab National Bank, and others.
- Nature of proceedings: Writ petition challenging the freezing of petitioner’s family pension account and alleged excess pension recovery.
- Background: Petitioner received family pension continuously for 35 years until 2023 without protest. In November 2025, Punjab National Bank (Hemanta Basu Sarani Branch) froze her account alleging excess pension payment to be refunded.
- Allegations: Respondent authorities suggested possible error in pension amount calculation but admitted no fraud or misrepresentation by petitioner.
- Legal precedents cited: Supreme Court decisions in State of Punjab & others vs. Rafiq Masih (2014 SCR 1343) and Thomas Daniel vs. State of Kerala (2022 SCC Online SC 536) prohibiting recovery of over‑paid pension beyond five years; Delhi High Court judgment in MS Indra vs. Government of NCT of Delhi (WP (C) 4502/2021) holding that bank errors cannot alter pension entitlement.
- Court observations: No fraud by petitioner; entitlement to family pension is undisputed; quantification error does not justify denial of pension or account access.
Final Outcome
- Respondent No. 2 (Public Health Engineering Department) directed to dispose of petitioner’s representation by 5 August 2026, adhering to Supreme Court and Delhi High Court precedents.
- Respondent No. 4 (Punjab National Bank) directed to immediately defreeze petitioner’s account and restore access.
- If any pension arrears are due, they must be paid with interest at 8% per annum, the rate applicable to senior‑citizen fixed deposits.
- The writ petition is disposed of; no order as to costs; parties to act on the server copy of the order.
Topics: Pension, Banking, Legal Order