Madras High Court
Radhabai Karuppannan … vs The Government Of Tamil Nadu on 23 June, 2022
W.P. No. 7377 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 7377 of 2017
and
W.M.P. Nos. 8034, 8035 and 35917 of 2017
T.A. Karuppannan (deceased
Radhabai Karuppannan … Petitioner
(Petitioner substituted vide order dated 14.04.2019
in W.M.P. No. 11026 of 2019)
-vs-
1. The Government of Tamil Nadu,
Rep. by its Secretary,
Higher Education, Secretariat,
Chennai – 600 009.
2. The Treasury Officer,
District Treasury,
Coimbatore.
3. The Principal,
PSG College of Arts and Science,
Civil Aerodrome Post,
Coimbatore – 641 014. ...
Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus calling for the records
pertaining to the proceedings Na.Ka.No. 005237/2017/Y3 dated 23.02.2017
issued by the Second Respondent, quash the same and direct the Second
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W.P. No. 7377 of 2017
Respondent to continue to pay the revised pension to the Petitioner.
For Petitioner : Mr. B.Ravi
for Mr. R.Subramanian
For Respondents : Mr. V.Jeevagiridharan
Additional Government Pleader
(for R1 and R2)
ORDER
Heard Mr. B.Ravi, Learned Counsel appearing for the Petitioner,
Mr. V.Jeevagiridharan, Learned Additional Government Pleader appearing for
the First and Second Respondents and perused the materials placed on record,
apart from the pleadings of the parties.
2. Since the Original Petitioner died on 22.06.2017 after the filing of the
Writ Petition, his wife, viz., Radhabai Karuppannan, has been substituted as the
Petitioner in the Writ Petition in his place by order dated 15.04.2019 in W.M.P.
No. 11026 of 2019 passed by the Court.
3. The Writ Petition challenges the proceedings no. Na. Ka. 005237/2017/
Y3 dated 23.02.2017 passed by the Second Respondent in which the Original
Petitioner has been informed that the sum of Rs. 21,11,139/- excessively paid to
him would be recovered from his pension with a consequential direction to the
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W.P. No. 7377 of 2017
Second Respondent to continue to pay the revised pension to him.
3. This Court at the time of admission on 27.03.2017 had passed the
following self-explanatory order:-
“ It is seen that the Petitioner has retired from service on
30.09.1988 ( 28 years).
In the light of the recent judgment of the Hon'ble Supreme
Court in the case of State of Punjab -vs- Rafiq Masih (White
Washer) reported in 2015 (5) CTC 455, the order of recovery
cannot be issued.
Therefore, in view of huge delay of 28 years and in the
light of the above cited judgment, the order of recovery is
hereby stayed.”
4. It is trite law that any administrative action which involves civil
consequences must be made consistently with the rules of natural justice,
meaning thereby that the person concerned must be informed of the case with
supporting evidence against him and he must be given a fair opportunity to meet
the case before an adverse decision is taken. The Government of Tamil Nadu in
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W.P. No. 7377 of 2017
G.O. Ms. No. 286, Finance (Pension) Department dated 28.08.2018 after
referring to the principles laid down by the Hon'ble Supreme Court of India in
State of Punjab -vs- Rafiq Masih (Whitewasher) [(2015) 4 SCC 334], has
issued detailed instructions providing the manner in which any excess amount
paid to Government Servants/Pensioners/Family Pensioners would have to be
made.
5. There is nothing to show in the impugned order that before the excess
payment claimed to have been made was effected, any show cause notice had
been issued to the Original Petitioner calling for an explanation from him with
supporting materials relied in that regard. Such incurable flaw in decision
making by the Respondents is in violation of the principles of natural justice and
would vitiate the impugned order. In that view of the matter, the impugned
order passed by the Second Respondent is set aside leaving it open to the
concerned authorities to appropriately deal with the matter following due
process. It shall be incumbent upon the concerned authorities to issue show
cause notice to the Petitioner along with working-sheet of the calculation for the
excess payment claimed to have been made to the Original Petitioner and after
affording full opportunity of personal hearing to her and considering each of the
objections that may be raised by her, a reasoned order shall be passed on merits
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W.P. No. 7377 of 2017
and in accordance with law following the procedure laid down in the
instructions in G.O. Ms. No. 286, Finance (Pension) Department dated
28.08.2018 issued by the Government of Tamil Nadu, uninhibited and
uninfluenced by the earlier order passed in the matter, and the decision taken
shall be communicated to the Petitioner under written acknowledgement.
6. In the event of the concerned authorities failing to initiate fresh such
proceedings within 30.09.2022, any amount so far recovered from the Original
Petitioner pursuant to the impugned order, which has been set aside, shall be
refunded to the Petitioner under written acknowledgment and report of
compliance in that regard shall be filed before the Registrar (Judicial) of this
Court.
In fine, the Writ Petition is ordered on the aforesaid terms. Consequently,
the connected Miscellaneous Petitions are closed. No costs.
23.06.2022
skr
Index: Yes/No
Note: Issue order copy by 05.07.2022.
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W.P. No. 7377 of 2017
To
1. The Secretary to the Government of Tamil Nadu,
Higher Education, Secretariat,
Chennai – 600 009.
2. The Treasury Officer,
District Treasury,
Coimbatore.
3. The Principal,
PSG College of Arts and Science,
Civil Aerodrome Post,
Coimbatore – 641 014.
Copy to
The Registrar (Judicial),
Madras High Court,
Chennai – 600 104.
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W.P. No. 7377 of 2017
P.D. AUDIKESAVALU, J.
skr
W.P. No. 7377 of 2017
23.06.2022
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