IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 3927 of 2009(P) ------------------------- PETITIONER(S): --------------- DEVI AMMA K.K., AGED 59 YEARS W/O. A.M.SANKARA KURUP, KUNHAMKUZHIYIL HOUSE NADAKKUTHAZHA P.O.,VADAKARA (VIA) KOZHIKODE DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.SABU SREEDHARAN SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE REPRESENTED BY ITS BRANCH MANAGER VADAKARA BRANCH, VADAKARA, KOZHIKODE DISTRICT. 2. BRANCH MANAGER STATE BANK OF TRAVANCORE VADAKARA BRANCH, VADAKARA, KOZHIKODE DISTRICT. 3. SUB TREASURY OFFICER VADAKARA, KOZHIKODE DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3927 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2009. JUDGMENT The petitioner's husband who retired from service as Head Clerk in the Munsiff's Court, Vadakara, died on 20.10.1996. The petitioner is sanctioned monthly family pension which is being disbursed through the second respondent Bank. The main complaint raised by the petitioner in the writ petition is that unknown to her, the Bank has been effecting recoveries on the ground of an alleged excess payment. An amount of Rs.21,160/- which was received as pension arrears, was adjusted in a lump. 2. As directed by this court, respondents 1 and 2 have filed a statement. It is pointed out that the respondents had, by a mistake, continued to pay the family pension at the higher rate of Rs.2,487/- per month even after March, 2002 upto February 2006, instead of Rs.1,275/- per month. It was found out only in the audit conducted by the audit team. Thereafter, the petitioner was directed to repay the entire excess amount in a lump. Ext.R1(a) is the letter submitted by the petitioner undertaking to abide by the conditions imposed for refund. The total amount excessively paid to the petitioner is Rs.84,044/-. When this was brought to the notice of wpc 3927/2009 2 the petitioner, she agreed to recover the amount at the rate of Rs.700/- per month. It is pointed out that the total amount thus collected for 35 months is Rs.24,500/-. The amount of Rs.20,000/- was adjusted after getting the consent of the petitioner in the personal discussions. The respondents have produced Ext.R1(b) which is a circular issued by the Head Office of the Bank. It is pointed out that therein, the Branches have been allowed to recover the excess paid in lump with the concurrence of the parties and if the same is not possible, it can be recovered from the pension ( maximum one third) till excess payment is recovered fully. The balance still outstanding is Rs.39,504/-. 3. Learned counsel for the petitioner submitted that the petitioner had not given any consent to recover the amount amount of Rs.21,160/-. This is disputed by the Bank. It is stated that the same was adjusted after a personal discussion with the petitioner. It is pointed by the learned Standing Counsel for the Bank that even going by Ext.R1(b), they are entitled to recover the excess amount from the arrears of pension under the VIth Pay Commission. 4. Whatever that be, now that the amount has been adjusted, this court will not be justified in directing the Bank to return the same to the petitioner. wpc 3927/2009 3 In the result, the writ petition is disposed of in the following terms: To recoup the balance amount, the Bank is entitled to recover it from the monthly family pension at the rate of Rs.700/- per month. In future, if any lump sum payment is received by the petitioner, any adjustment can be made only with the concurrence of the petitioner and in accordance with the terms of Ext.R1(b). (T.R. Ramachandran Nair, Judge.) kav/