Madras High Court
Dr. R.Devarajan … vs The Government Of Tamil Nadu on 23 June, 2022
W.P. No. 7277 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. 7277 of 2017
and
W.M.P. Nos. 7932 and 7933 of 2017
Dr. R.Devarajan … Petitioner
-vs-
1. The Government of Tamil Nadu,
Rep. by its Secretary,
Higher Education, Secretariat,
Chennai – 600 009.
2. The Assistant Treasury Officer,
Sub Treasury,
Pollachi.
3. The Secretary,
NGM College,
Pollachi. ...
Respondents
Prayer:- Writ Petitions 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. 831/ 2017/A4 dated 01.03.2017 issued
by the Second Respondent, quash the same and direct the Second Respondent
to continue to pay the revised pension to the Petitioner.
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W.P. No. 7277 of 2017
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. The Writ Petition challenges the proceedings no. Na. Ka. 831/2017/A4
dated 01.03.2017 passed by the Second Respondent in which the Petitioner has
been informed that the sum of Rs. 10,95,813/- excessively paid to him would be
recovered from his pension with a consequential direction to the Second
Respondent to continue to pay the revised pension to the Petitioner.
3. This Court at the time of admission on 27.03.2017 had passed the
following self-explanatory order:-
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W.P. No. 7277 of 2017
“ It is seen that the Petitioner has retired from service on
27.05.1986. Therefore, in view of the huge delay of 30 years
and in the light of the recent judgment of the Hon'ble Apex
Court in State of Punjab -vs- Rafiq Masih (White Washer)
reported in 2015 (5) CTC 455, the order of recovery cannot be
issued.
Hence, the order of recover 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
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.
https://www.mhc.tn.gov.in/judis
W.P. No. 7277 of 2017
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 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 him and after affording full
opportunity of personal hearing to him and considering each of the objections
that may be raised by him, a reasoned order shall be passed on merits 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.
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W.P. No. 7277 of 2017
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 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.
To
1. The Secretary to Government of Tamil Nadu,
Higher Education, Secretariat,
Chennai – 600 009.
2. The Assistant Treasury Officer,
Sub Treasury,
Pollachi.
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W.P. No. 7277 of 2017
3. The Secretary,
NGM College,
Pollachi.
Copy to
The Registrar (Judicial),
Madras High Court,
Chennai – 600 104.
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W.P. No. 7277 of 2017
P.D. AUDIKESAVALU, J.
skr
W.P. No. 7277 of 2017
23.06.2022
https://www.mhc.tn.gov.in/judis
