Recovery from pension by Bank without information is in flagrant violation of principles of Justice: High Court.

1 Sep

Recovery from pension by Bank without information is in flagrant violation of principles of Justice: High Court. No. LD-VC-CW-665 OF 2020 dated 13.08.2021.

  1. In the result, this petition is allowed and the following order is passed :

 

(1) The action of the respondent No.3- Bank in deducting an amount of Rs.11,040/- per month with effect from October, 2019 is hereby quashed and set aside.

 

(2) We direct the respondent No.3- Bank to immediately credit an amount of Rs.3,27,045/-, recovered from the pension account of the petitioner, along with interest at the rate of 18% per annum from the date of recovery of each of the installments, till the date of credit of this amount in the pension account of the petitioner.

 

(3) The respondent No.3- Bank is restrained from recovering any amount from the pension payable to the petitioner on the basis of the action, which we have quashed and set aside.

 

(4) We direct the respondent No.3- Bank to pay the compensation of Rs.50,000/- to the petitioner and credit the said amount in the pension account of the petitioner within a period of eight days from today, failing which the additional costs of Rs.1,000/- for each day’s delay will have to be paid.

 

(5) We direct the Registry of this Court to forward the copies of this Judgment to the Centralized Processing Pension Centres of all the Nationalized Banks and also to the Reserve Bank of India and the Chief Secretary, Government of Maharashtra, to consider the question of constitution of separate cell and release of appropriate guidelines so as to attain the constitutional goal of providing respect, dignity, care, sensitivity, assistance and security to all the pension account holders in the Banks.

 

(6) This Judgment be uploaded under the digital signature of the Private Secretary.

 

  1. Rule is made absolute in the aforesaid terms. No order as to further costs

click for Judgment Copy : 01.09.2021 Web Edition Recovery from pension by Bank without information is in flagrant violation of principles of Justice.