Recovery from pension benefits requires impleading affected officers and providing them a fair opportunity of hearing.

Recovery of costs from pensionary benefits cannot be directed against officers who were neither parties to the writ proceedings nor given an opportunity of hearing. The notes state that authorising such recovery in seizure-related proceedings was unwarranted because it adversely affected the officers without impleading them or observing procedural fairness. The direction permitting recovery from their pensionary benefits was set aside.

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Issues: Whether costs imposed in seizure proceedings could be recovered from the pensionary benefits of officers who were not parties to the writ petition and were not heard.

Analysis: The direction affecting the pensionary benefits of the concerned officers was unwarranted because those officers were neither impleaded in the writ proceedings nor afforded an opportunity of hearing before such recovery was authorised.

Conclusion: The direction permitting recovery of costs from the pensionary benefits of the concerned officers was set aside.

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