Madras High Court
The Commissioner Of Treasuries ... vs K.Panchavarnam on 9 April, 2021
W.A.(MD)No.834 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.834 of 2021
and
C.M.P.(MD)No.3705 of 2021
1.The Commissioner of Treasuries and Accounts,
3rd Floor, Integrated Office Complex for Finance,
Department, Veterinary Hospital Campus,
Annasalai, Nadanam,
Chennai – 35.
2.The Treasury Officer,
District Treasury,
Sivagangai,
Sivagangai District.
3.The Assistant Treasury Officer,
Sub Treasury,
Karaikudi,
Sivagangai District. : Appellants
Vs.
1.K.Panchavarnam : Respondent
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W.A.(MD)No.834 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to set
aside the order passed in W.P.(MD)No.12735 of 2019 dated 22.08.2019
and allow this Writ Appeal.
For Appellants : Mr.K.P.Krishnadass
Special Government Pleader
For Respondent : Mr.S.Visvalingam
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.K.P.Krishnadass, learned Special Government Pleader
appearing for the appellants and Mr.S.Visvalingam, learned Counsel
appearing for the respondent.
2.The Commissioner of Treasuries and two others are appellants
in this appeal, challenging the correctness of the order passed in W.P.
(MD)No.12735 of 2019 dated 22.08.2019.
3.The said writ petition was filed by the respondent herein who
was the Assistant Educational Officer, retired on superannuation on
30.09.1992, challenging the order of recovery from his pension on the
ground that excess pension was paid with effect from 01.10.2017. The
learned Writ Court allowed the writ petition by applying the law laid
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W.A.(MD)No.834 of 2021
down by the Hon'ble Supreme Court in the case of State of Punjab and
others Vs. Rafiq Masih (White Washer) and others reported in
(2015) 4 SCC 334, which was followed in W.P.(MD)Nos.15086 to 15090
of 2016 dated 20.06.2019.
4.The learned Special Government Pleader would contend that
excess pension is liable to be recovered and it is not a case of belated
recovery. Further, it is submitted that no adequate opportunity was
granted to the appellants to file a counter affidavit.
5.We find from the impugned order passed in the writ petition
that the learned Writ Court has recorded that despite opportunity has
been granted to the appellants / respondents, no counter affidavit has
been filed. In any event, the wrong fixation is stated to have commenced
in the year 2007 and the order of recovery which is impugned in the writ
petition was passed on 02.05.2019 and the respondent / writ petitioner
retired on 30.09.1992.
6.Considering the above facts, we are of the view that recovery
at such a belated stage is unreasonable and arbitrary. The argument of
the learned Special Government Pleader is that the respondent / writ
petitioner is not a Class IV employee, but, he was an Assistant
Educational Officer. If that is so, then the appellant department should
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W.A.(MD)No.834 of 2021
have been more vigilant in fixation of the pension on the date of his
retirement ie., 30.09.1992. As rightly noted by the learned Writ Court,
more than 12 years have passed by and it will be very harsh to recover
the said amount from the respondent / writ petitioner. Hence, we find no
grounds to interfere with the order.
7.Accordingly, the Writ Appeal stands dismissed. However,
there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
09.04.2021
Index : Yes / No
Internet : Yes / No
MR
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.834 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.834 of 2021
09.04.2021
https://www.mhc.tn.gov.in/judis/
