2025:UHC:9564-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.405 of 2025 30th October, 2025 State of Uttarakhand & Ors. ---Petitioners Versus Bhagwati Prasad Nautiyal ---Respondent -------------------------------------------------------------- Presence:- Mr. S.S. Chaudhary, learned Standing Counsel for the State/petitioners -------------------------------------------------------------- JUDGMENT : (per Sri G. Narendar, C.J.) 1. Heard the learned Government Counsel. 2. The State is before this Court being aggrieved by the order of the Tribunal allowing the claim petition and directing payment of interest on the delayed payment of monthly pension and refund of the amount deducted. 3. The Tribunal has placed reliance on several rulings of the Apex Court. The admitted fact is that the increment was calculated from 1st January, 2018 instead of 1st July, 2018 and in that view certain excess payments were made and that the same came to be detected by the Office of the Directorate of Pensions and in that view recovery was ordered. 1 2025:UHC:9564-DB 4. It is apparent that the error is not on account of any act or omission on the part of the respondent but purely attributable to the Office. In that view, the excess payment or loss to the State ought to have been recovered from the Officer who committed the error and not from a “pensioner”. It is pertinent to note that the recovery proceedings were initiated after the respondent had been superannuated. Assuming the same to be correct, it is no justification for the petitioner to have stopped payment of the monthly pension. 5. In that view, we find no error in the judgment of the Tribunal. Accordingly, the writ petition stands rejected. Liberty is granted to the petitioner to seek recovery from the Officer, who caused loss to the State exchequer. 6. Petition stands ordered, accordingly. There shall be no order as to costs. 7. Copy of this order be forwarded to the Chief Secretary, Government of Uttarakhand. (G. NARENDAR, C. J.) (SUBHASH UPADHYAY, J.) Dated: 30.10.2025 R/SS 2