SMT BIMLA KOUL HANDOO vs UNION TERRITORY OF JAMMU AND KASHMIR & ANR.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7thJanuary, 2025 + W.P.(C) 4817/2023 SMT BIMLA KOUL HANDOO .....Petitioner Through: Ms. Sakshi Mehley, Ms. Harshita Kumar, Mr. Sajal Manchanda and Mr. Harsh Chaudhary, Advocates. versus UNION TERRITORY OF JAMMU AND KASHMIR & ANR. .....Respondents Through: Mr. Rushab Aggarwal, Standing Counsel with Mrs. Riddhima J. Aggarwal and Mr. Japnish Singh Bhatia, Advocates for R-1 Mr. Rajinder Wali, Advocate for Respondent No.2 (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner, a widow in her seventies, seeks direction to respondents to refund an amount of Rs.11,61,477/- to her which was, arbitrarily and wrongfully, deducted on 14.10.2022 from her Savings Bank Account, being maintained at Jammu & Kashmir Bank, 5, Prithvi Raj Road-5, New Delhi-110011. 2. Broad facts can be summarized as under:- (i) The petitioner’s husband Sh. Shuban Lal Handoo (since deceased) was an employee of the Forest Department of Government of Jammu and Kashmir. (ii) He superannuated on 31.03.2005 and became eligible for payment of pension. (iii) Pension Payment Order (PPO) No.125203 was passed on Signature Not Verified Digitally Signed W.P.(C) 4817/2023 1 By:SONIA THAPLIYAL Signing Date:09.01.2025 19:13:40 09.11.2005. (iv) Unfortunately, the husband of the petitioner died on 28.09.2005. (v) As per Jammu & Kashmir Family Pension-cum-Gratuity Rules, 1964, the petitioner became eligible for family pension, being widow of Sh. Shuban Lal Handoo. (vi) The petitioner is in receipt of family pension w.e.f. 28.09.2005, which used to be credited in her Savings Bank Account maintained with respondent No.2 Bank in Delhi. (vii) According to petitioner, for the first time, in September 2022 i.e. after more than 17 y