The Treasury Officer vs Rajasingh
2023 Latest Caselaw 14150 Mad

                                                                              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

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







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







https://www.mhc.tn.gov.in/judis