RAJESH SHANKAR,J. - (1.) The present writ petition has been filed by the petitioner for quashing the letter no. 1484 dated 14.01.2011, issued under the signature of Deputy General Manager (Jharkhand-I), State Bank of India, Administrative Office, Ranchi (respondent no. 3) by which the recovery of Rs. 42,010/- has been started against the petitioner on the ground that due to mistake on the part of the respondents, the petitioner who was entitled for additional 20% pension after attaining the age of 80 years w.e.f. 06.07.2010, has been paid the said additional amount of pension w.e.f. 13.05.2009 due to wrong migration of date of birth of the petitioner as 13.05.1929 instead of 06.07.1930.
(2.) It has been averred by the petitioner in paragraph no. 3 of the writ petition that his date of birth is 06.07.1930 and he retired on 31.07.1988 after attaining the age of 58 years from the post of Administrative Officer, Administrative Training Institute (A.T.I.) Ranchi. As per the said statement of the petitioner, he attained the age of 80 years on 06.07.2010. The impugned letter dated 14.01.2011 issued by the respondent no. 3 clearly indicates that due to wrong migration of the date of birth by the concerned branch, the date of birth of the petitioner was wrongly reflected as 13.05.1929 instead of 06.07.1930 due to which the petitioner received Rs. 2313/- as 20% additional pension from May 2009 itself (i.e. total of Rs. 42010/-). In fact, the said additional amount of Rs. 2313/- was admissible to the petitioner from July 2010. Moreover, the petitioner himself had given undertaking before the Bank on 01.08.1989 (Annexure-A to the counter-affidavit filed on behalf of respondent nos. 2 to 4) that he would not be entitled for any excess amount which may be wrongly credited in his account and the bank may demand the said amount from the petitioner which would be binding on him. Accordingly, after rectification of the said mistake, excess amount of Rs. 42,010/- credited in the account of the petitioner was sought to be recovered in monthly instalment of Rs. 1,000/- starting from 01.12.2012.
(3.) Considering the fact that the credited amount of Rs. 42010/- in the account of the petitioner was a mistake and 20% additional pension of Rs. 2313/- per month was admissible to him w.e.f. July 2010, I find no infirmity in the impugned letter No. 1484 dated 14.01.2011 (Annexure-1 to the writ petition) issued under the signature of respondent no. 3.;