W.A.(MD)No.1914 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1914 of 2023
and
C.M.P.(MD)No.14760 of 2023
1.The Treasury Officer,
District Treasury,
Thoothukudi.
2.The District Educational Officer,
District Educational Office,
Thoothukudi. ... Appellants
Vs.
1.Rajasingh
2.The Accountant General (Accounts & Entitlement),
381, Anna Salai, Chennai-600 018. ...Respondents
(R2 was originally shown as 1st appellant, subsequently, transposed as R2 vide
Court order dated 05.10.2023 made in C.M.P.(MD)No.11704 of 2023 in
W.A.(MD)SR.50433 of 2022)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.21607 of 2018, dated 23.12.2021 on the file of
this Court.
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https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1914 of 2023
For Appellants : Mr.S.P.Maharajan,
Special Government Pleader
For R1 : Mr.K.Vinoharan
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) This Writ Appeal has been instituted against the order dated 23.12.2021 passed in W.P.(MD)No.21607 of 2018.
2.The 1st respondent instituted the Writ proceedings challenging the re-fixation of pension and consequential recovery. The writ petitioner even at the time of filing of the Writ Petition was aged about 89 years and now, around 92 years. On account of erroneous fixation of pension, excess payment was made in favour of the 1st respondent. Thus, the authorities competent re-fixed the pension and consequently, ordered for recovery of excess payment paid to the 1st respondent.
3.The Writ Court rightly considered the principles laid down by the Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White 2/4 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1914 of 2023 Washer) reported in 2015 (4) SCC 334. However, the Supreme Court unambiguously clarified that recovery cannot be effected but re-fixation is to be made in accordance with the pay rules and as applicable to the pensioner. Wrong payment or excess payment of pension at no circumstances be allowed, which would result in financial loss to the State. Thus, we are inclined to modify the order of the learned Single Judge to that extent. Accordingly, the recovery of excess salary is set aside and re-fixation of pension made by the appellants is confirmed and such re-fixation is to be verified with reference to the pay rules and the Government Orders in force. Further, the cost imposed in the Writ proceedings is also set aside. Accordingly, this Writ Appeal stands allowed in part. No costs. Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
01.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
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https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1914 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.1914 of 2023
01.11.2023
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