MS INDRA vs THE GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28th March, 2026. Pronounced on: 26th May, 2026. Uploaded on: 27th May, 2026. + W.P.(C) 4502/2021 & CM APPL. 13760/2021 MS INDRA .....Petitioner Through: Ch. Rabindra Singh, Mr. Paras Aggarwal and Ms. Ekta Singh, Advocates. versus THE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mrs. Avnish Ahlawat, SC for GNCTD with Mr. Mohnish Sehrawat, Ms. Aliza Alam, Advocates for R-1. Mr. Rajiv Kapur, SC for SBI, Mr. Akshit Kapur, AOR, Ms. Riya Sood, Advocate for SBI. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. This writ petition is filed by a widow who is in receipt of family pension. Her grievance arises out of deductions effected from that pension towards recovery of what the Respondents term as excess payment. Her case is that the alleged excess did not arise from any misrepresentation, concealment or other act on her part, but from the Respondents’ own processing of the pension. She further states that the recovery was initiated unilaterally, without prior notice or disclosure of the basis on which it was sought to be made, and that the deductions have operated with particular Signature Not Verified Dgitally Signed W.P.(C) 4502/2021 Page 1 of 16 By:ANITA BAITAL Signing Date:27.05.2026 15:12:43 severity because they are being made from family pension. Factual background 2. The Petitioner’s husband, late Sh. Shiv Narayan, entered government service on 15th October, 1980 as an LDC. He died in harness on 6th June, 2003 while serving as a UDC in the Election Department under the SDM, South-West Delhi, at the DC Office, Kapashera, New Delhi. 3. Following his death, family pension was sanctioned in favour of the Petitioner through PPO No. 69674-03-0121-1 issued by PAO No. 1, Government of NC