The Punjab & Haryana High Court has levied a fine of Rs.1 Lakh on the Haryana Government, deeming its actions regarding the deduction of excess pension payments as "insensitive and inhuman." This decision came as a consequence of the government's negligence, resulting in the deprivation of a widow's entitlement to family pension.

Highlighting the government department's failure to provide the widow with family pension for 15 months, followed by the deduction of Rs.9000 each month to reover the excess amount, Justice Jasgurpreet Singh Puri condemned the approach, stating, "This method employed by the respondents-department was not only arbitrary but also displayed insensitivity and inhumanity. It resulted in depriving a widow of her rightful family pension for a significant duration, despite her lack of fault in the matter."

Consequently, the court ruled that the widow should receive a compensation of Rs 1 lakh.

These remarks were delivered during the hearing of Sarvesh Devi's petition, in which she requested the Haryana government to fulfill her outstanding pension arrears from August 2021 to October 2022, along with accrued interest.

The petitioner's husband, employed as a Leading Fireman, tragically lost his life in a road accident while on duty in 2003. Subsequently, as the widow, the petitioner was duly granted her entitled pension and related benefits. She commenced receiving the family pension promptly as per the established schedule.

The petitioner's counsel argued that Devi mistakenly received the extra amount, which went unnoticed by both the department and any auditing entity. Furthermore, due to her status as a widow and her lack of familiarity with the relevant regulations, she continued to receive the aforementioned sum until July 2021, when the error was finally identified.

Upon discovering the error, the respondent authorities ceased the entire family pension of the petitioner. Consequently, from July 2021 onwards, the petitioner was deprived of any pension payments for an additional duration of 15 months, as highlighted by the petitioner's counsel.

Following this, the family pension of the petitioner was recalculated in November 2022, with a decision to deduct Rs. 9000 per month for 39 months from her family pension. Additionally, it was emphasized that this financial adjustment significantly impacted the petitioner's already disadvantaged position, particularly given her status as a widow.

After considering the arguments presented, the Court acknowledged that the surplus amount was disbursed due to an error or negligence on the part of the respondent department, rather than any fault on the petitioner's behalf.

The Court expressed its view that the amount of Rs. 4467 paid to the widow as pension after deducting the excess amount, was notably insufficient. It deemed the decision of the respondent department to recover an installment of Rs. 9,000 per month as improper, considering the circumstances.

Condemning the department's approach as arbitrary, insensitive, and inhumane for depriving the widow of her pension, the Court issued a directive for the State to compensate the petitioner with a sum of Rs. 1,00,000 within a period of three months.

In concluding the petition, the Court instructed the Additional Chief Secretary, Urban Local Bodies, Haryana, to ascertain the responsibility of the officials regarding the oversights and to retrieve the aforementioned compensation from the relevant official(s) or officer(s) by establishing their accountability.

Sunil Garg, Advocate for the petitioner.

Dimple Jain, DAG, Haryana.

Sarvesh Devi v. State of Haryana and others