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‘Family pension not an estate’: Gujarat HC bars railways from recovering Rs 50.6 lakh from widow

The Indian Express·Aditi Raja·about 1 month ago
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In January 2009, the Revisional Authority ordered that the penalty of Damodaran's DCRG would be reduced to 50% instead of the earlier 100 per cent. (File Photo) Ruling that the pension received by the widow of a deceased railway employee “cannot be regarded as an estate left behind” to clear dues, the Gujarat High Court rejected the petition of the Indian Railways, which was seeking a recovery of penalty dues amounting to Rs 50.60 lakh imposed on the deceased employee following disciplinary proceedings in 2004. A Division Bench of Justice N S Sanjay Gowda and Justice J L Odedra of the Gujarat HC was hearing a petition filed by the Union of India, Divisional Railway Manager and Senior Divisional Engineer (Railways) challenging a 2012 order of the Central Administrative Tribunal (CAT), which had set aside the order of the Railways directing the recovery of “penalty dues” imposed on deceased railway employee, K N Damodaran, from the family pension of his widow Samjathaben.…

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