Madras High Court
N.Senthilkumar vs The Government Of Tamil Nadu on 27 November, 2023
W.P.No.26036 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2023
CORAM:
THE HON'BLE MR. JUSTICE K.KUMARESH BABU
W.P.No.26036 of 2009
1.N.Senthilkumar
2.M.Balasubramaniam
3.M.Poongodi
4.K.Velayutham
5.M.Muthusamy
6.M.Thangamuthu
7.S.Mayilsamy
8.N.Poongothai
9.C.Marisamy
10.Shanmugasundaram
11.K.Mythili
12.K.C.Ayyasamy
13.G.Nagarajan
14.S.Hemalatha
15.A.Selvi
16.K.Periasamy
17.N.Rajeswari
18.P.V.Ramakrishnan ...Petitioners
Vs.
1.The Government of Tamil Nadu,
rep. by its Secretary,
Rural Development Department,
Fort St.George, Chennai – 600 009.
2.The District Collector,
Erode District.
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W.P.No.26036 of 2009
3.The Block Development Officer,
Perundurai Taluk,
Erode District.
4.The President,
Sullipalayam Taluk,
Erode District.
5.The President,
Kallakulam Panchayat,
Erode District.
6.The President,
Ponmudi Panchayat,
Erode District.
7.The President,
Periyaveerasangili Panchayat,
Erode District.
8.The President,
Seenpuram Panchayat,
Erode District.
9.The President,
Thiruvachi Panchayat,
Erode District.
10.The President,
Madathupalayam Panchayat,
Erode District.
11.The President,
Sinna Veerasangili Panchayat,
Erode District.
12.The President,
Pandiampalayam Panchayat,
Erode District.
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W.P.No.26036 of 2009
13.The President,
Mullampatti Panchayat,
Erode District.
14.The President,
Periavilamalai Panchayat,
Erode District.
15.The President,
Polanayackenpalayam Panchayat,
Erode District.
16.The President,
Pattakaranpalayam Panchayat,
Erode District.
17.The President,
Thoranavalli Panchayat,
Erode District.
18.The President,
Karandipalayam Panchayat,
Erode District.
19.The President,
Nichampalayam Panchayat,
Erode District.
20.The President,
Karukkupalayam Panchayat,
Erode District.
21.The President,
Singanallur Panchayat,
Erode District.
22.The President,
Moongilpalayam Panchayat,
Erode District. … Respondents
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W.P.No.26036 of 2009
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Certiorari to call for the records relating to the order passed by the 3rd
respondent in his proceedings No.Na.Ka.2522/09/A2 dated 01.12.2009, quash the
same.
For Petitioners : Mr.M.Baskar
For Respondents : Mr.S.Ravichandran for R1 & R2
Additional Government Pleader
R3 - No appearance
R4 to R22 – served – No appearance
ORDER
The Writ Petition has been filed challenging the order of the third respondent
dated 01.12.2009 directing recovery of excess pay that has been made to the
respective petitioners.
2.The aforesaid lis is no longer res integra. The Division Bench of this Court
in W.A.Nos.1666 & 1667 of 2009 had in fact permitted the respondents therein viz.,
the Tamil Nadu Panchayat Employees Association to challenge any order of
recovery.
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3.The learned Single Judge in W.P.Nos.11156 & 11158 of 2009 had set aside
an order of recovery on the ground that there is a violation of principles of natural
justice and had granted liberty to the respondent/Government to initiate recovery
proceedings after compliance with the principles of natural justice. Similarly other
learned Single Judge of this Court in W.P.(MD)Nos.19010 to 19018 of 2014 wherein
the orders of recovery were challenged had passed the following order:
“23.As far as the present Writ Petitions are concerned,
admittedly, the writ petitioners are working as Panchayat
Secretaries in a permanent sanctioned post in the regular time
scale of pay. Thus, they are undoubtedly, not entitled to avail the
benefit of Government Order issued in G.O.(Ms.)No.191, Finance
(Pay Cell) Department, dated 29.04.1998. The Audit objection
raised is inconsonance with the Government Order passed in
G.O.(Ms.)No.191. Thus, the recovery impugned is in accord with
the conditions stipulated in the Government Order as well as the
objections raised by the Audit group. Thus, there is no infirmity as
such in respect of impugned order. Accordingly, the following
orders are passed:
(i) the relief as such sought for in these writ petition stand
rejected;
(ii)the respondents are directed to fix the correct pay of the
writ petitioners as applicable to their respective posts strictly in
accordance with the Government Orders and the pay rules in force;
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(iii) the excess amount, which is to be considered as an
unjust enrichment of taxpayers money is to be recovered from the
writ petitioners by way of equal monthly installments to be fixed by
the competent authorities/respondents;
(iv)the first respondent is directed to issue a consolidated
instructions to all the District Collectors and other Subordinate
officials to ensure that in the event of excess or erroneous payments
are made to the employees, the officials, who all are responsible
and accountable, must also face the disciplinary proceedings as
well as the recovery as discussed in the judgment in the
aforementioned paragraph. Such an instruction/circular is directed
to be issued within a period of four weeks from the date of receipt
of a copy of this order.
24.Accordingly, the Writ Petitions are disposed of. However,
there shall be no order as to costs. Consequently, connected
Miscellaneous Petitions are closed.”
4.The order impugned in this Writ Petition had also indicated that such a
recovery can be made after issuing notice to the respective petitioners. It is also
imperative that pursuant to the order impugned, the respective petitioners should
have been issued individual notice of recovery. It is for the petitioners to substantiate
their rights to retain such excess amount pursuant to such individual notice of
recovery.
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5.In such view of the matter, I do not find any merit in the Writ Petition and
accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
27.11.2023
Index: Yes/No
Speaking Order/Non-Speaking Order
pam
To
1.The Secretary,
Government of Tamil Nadu,
Rural Development Department,
Fort St.George, Chennai – 600 009.
2.The District Collector,
Erode District.
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K.KUMARESH BABU, J.
pam
27.11.2023
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