Veena Sharma v. Union Of India And ORS

$~132 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10875/2024, CM APPL. 44826/2024 -Int. dir. VEENA SHARMA .....Petitioner Through:

Mr. Ranjit Sharma, Adv.

versus UNION OF INDIA AND ORS .....Respondents Through:

Ms. Nidhi Raman, CGSC with Mr.

Zubin Singh, Adv. for R-1 and R-2.

Mr. R.K. Srivastava, Adv. for R-3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 21.08.2024 1.

The petitioner, the widow of late Mr. Om Prakash Sharma, who had retired from Indian Air Force (IAF) as a Sergeant in 1995 and was receiving pension till he expired on 17.07.2017, has approached this Court assailing the order dated 15.05.2023 passed by the respondent no. 3 proposing to recover a sum of Rs. 5,24,302/- from her on account of the purported higher amount paid to her towards family pension for the period between 17.07.2017 to 15.05.2023.

2.

On 20.08.2024 when the petition was taken up for consideration, learned counsel for the respondent no. 3 had fairly submitted that though a sum of Rs. 92,526/- had already been recovered from the petitioner towards the demand raised vide the impugned order dated 15.05.2023, the said respondent will not make any further recoveries in terms of the impugned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:50:43

order from the petitioner.

3.

In the light of this stand taken by the respondent no. 3, time was granted to the learned counsel for the petitioner to obtain instructions. 4.

Today, learned counsel for the petitioner submits that offer made by respondent no. 3 is acceptable to the petitioner and therefore, prays that the petition be disposed of by taking on record the aforesaid stand of respondent no. 3.

5.

In the light of this position taken by the parties, the writ petition is disposed of by directing that the respondent no. 3 will not be entitled to make any further recoveries from the petitioner in terms of the impugned order dated 15.05.2023 and the petitioner will now be entitled for family pension, without any recoveries being made from her. It is, however, clarified that petitioner will not be entitled to raise any claim for the sum of Rs. 92,526/-, already recovered from her.

REKHA PALLI, J SHALINDER KAUR, J AUGUST 21, 2024/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:50:43