Government initiates recovery from pension

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Question asked on: 14/10/2015

A Punjab Govt employee was guilty of embezzlement of govt money in departmental inquiry and punished with recovery of pecuniary loss caused to the govt. to the extent of 20 % (cut in pension ) for 5 years was being made from her pension. Now She was dead.

Now the Issue was whether this govt.money can be recovered from her own pension and family pension also. If family pension is claimed by legal heirs Can pecuniary loss caused to Government be recovered from Legal Heirs?

Advised by: Mr. Shivendra Pratap Singh, Advocate

The Governor has special power to recover from pension any loss caused to the government exchequer. Employee is bound to pay it even after retirement. However pension is self earned income and government cannot withhold it arbitrarily.

Deceased pensioner found guilty in departmental inquiry thereupon 20% pension had been deducted from her pension. Now she is dead, question is whether government has right to recover remaining dues from her legal heirs ?

No, legal heirs neither being personally liable nor their properties are liable to pay dues. Government can recover it from properties of heirs if they were appropriate all the properties of pensioner with the intention to escape from paying debt, liability or dues.

When criminal case is already abated but there is findings of departmental inquiry which empowers the government to initiate recovery proceeding but it is limited to the properties of employee. Government can not recover it from the properties of legal heirs.

Whenever government initiates recovery from pension section 50 of CPC will apply. Section 50 says : Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of.

Recovery order of government is treated as decree for the purpose of section 50. Only those part of pension is liable to pay dues which came in your hands and not has been duly disposed of.

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Shivendra Pratap Singh

Advocate, Lucknow

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