Jammu, June 13: In O.A./840/2026 (JAMMU) [ RECOVERY FROM PENSION ] [ SENIOR CITIZEN ] With M.A./862/2026 titled VIJAY SHARMA Vs FINANCE DEPARTMENT after hearing CAT ordered as under:-
Notice be issued to the respondents, returnable on or before the next date of hearing. Mr. Rajesh Thapa, learned Additional Advocate General, appears on behalf of the respondents and waives service of notice.
The respondents are directed to file their reply on or before the next date of hearing and shall furnish an advance copy thereof to the learned counsel for the applicant. List the matter on 28.07.2026.
In the meanwhile, as an ad interim measure, the respondents are restrained from effecting any further deduction or recovery from the applicant in view of the law laid down by the Hon'ble Supreme Court in Thomas Daniel v. State of Kerala (Civil Appeal No. 7115 of 2010), dated 02.05.2022, wherein it has been held that recovery of excess payments is impermissible from Class III and Class IV employees, as well as from employees who have retired or are due to retire within one year, particularly where the excess payment was not obtained by any misrepresentation or fraud on the part of the employee.
Ram Mohan Johri Member (A)
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