BENGALURU: The Karnataka High Court came to the rescue of a retired Bescom engineer, with a direction for refund of Rs 2.81 lakh along with interest at the rate of Rs 6 per cent per annum, which was deducted from his pension on the ground that erroneous pay was granted 15 years ago.
Justice M Nagaprasanna passed the order while allowing the petition filed by Manjunath N, who retired as junior engineer (electrical) of Bescom, Bengaluru, reiterating a verdict of the apex court that if the excess amount was not paid on account of any misrepresentation or fraud on part of the employee, such excess payments of emoluments or allowances are not recoverable.
Manjunath moved the high court, questioning the legality of the amount deducted from the pension. He was appointed assistant lineman in 1987 and was promoted to lineman in 1991. He retired on attaining the age of superannuation on April 30, 2025. While fixing his pension by the pension payment order, an amount of Rs 2.81 lakh was recovered on the score that erroneous pay was granted to him 15 years ago.
Counsel for the petitioner contended that the annual increment was granted to the petitioner not on any fraud or misrepresentation of the petitioner but on the part of Bescom authorities. Hence, it cannot be said that recovery from the pension should be permitted, he argued.