Madras High Court
Dhakshayani N.C vs The Government Of Tamil Nadu on 3 October, 2023
W.P.No.8958 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.8958 of 2020
and W.M.P.Nos.10890 & 10891 of 2020
Dhakshayani N.C ... Petitioner
/vs/
1. The Government of Tamil Nadu
Rep. by its Secretary,
Finance (Pension) Department,
Chennai - 600 006.
2. The Pension Pay Officer,
Office of Pension Pay,
No.571, Officers Building, Veterinary Campus,
Amma Valagam, Ground Floor,
Anna Salai, Nandanam,
Chennai – 600 035. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
to issue a writ of mandamus directing second respondent to consider and
dispose of the representation dated 20.03.2020 of the petitioner in respect
of recovery of the pension amount .
For Petitioner ... Mr.S.Ravichandran
For Respondents ... Mr. G.Nanmaran
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W.P.No.8958 of 2020
Special Government Pleader
ORDER
This Writ Petition has been filed for issuance of a writ of mandamus
directing second respondent to consider and dispose of the representation
given by the petitioner on 20.03.2020 in respect of recovery of the pension
amount .
2. The learned counsel for the petitioner submitted that the petitioner
who joined in Government Service as a teacher in Higher Grade, ESLC on
01.05.1935 later got promoted to Secondary Grade teacher and retired on
30.04.1993; her pension was fixed by the first respondent and her full
pension was restored from 01.05.2008 by pension payment order dated
13.03.2003; the petitioner filed an application to revise the pension and her
pension was revised as per the fixation of pay scale to the employees and
in addition to this, as on date a sum of Rs.26,985 + 20% (i.e.Rs.37,837/-)
was received as additional pension by the petitioner; when the petitioner
went to bank to draw the pension amount during February, 2020, she learnt
that a sum of Rs.11,211/- was deducted from her pension account; when
enquired with the bank authorities, she was told that a circular was given
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W.P.No.8958 of 2020
by the second respondent that some excess pension has been paid for the
period between 01.11.2011 to 30.11.2019 to the tune of Rs.4,26,815/- and
hence the deduction is made @ Rs.11,211/- per month; aggrieved over the
same, the petitioner by citing G.O.Ms.286 dated 28.08.2018 and also by
relying on the judgment of the Hon'ble Supreme Court in State of Punjab
& Others etc. Vs. Rafiq Masih (White Washer) etc., in CA No.11527 of
2014 and claimed that excess payment made to the employees should not
be recovered; despite a representation has been given by the petitioner in
this regard, no action has been taken so far. It is further submitted by the
learned counsel for the petitioner that the petitioner died on 23.01.2020.
3. Taking into consideration of the said fact and also in the light of
the judgment of the Hon'ble Supreme Court in State of Punjab & Others
etc. Vs. Rafiq Masih (White Washer) etc., in CA No.11527 of 2014 based
on per G.O.286 dated 28.08.2018, the excess amount that was paid to the
deceased pensioner ought not to have been recovered.
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W.P.No.8958 of 2020
4. The judgment of the Hon'ble Supreme Court in State of Punjab
& Others etc. Vs. Rafiq Masih (White Washer) etc., in CA No.11527 of
2014 is squarely applicable to the case of the petitioner. Since the
petitioner is no more, the relief sought by the petitioner is moulded to the
effect that the respondent shall not do any recovery either from the account
of the deceased petitioner or from her estates in the hands of her legal heirs
on the premise that excess payment was made to her. And the respondent
shall return the recovery if any so far made to the pension account of the
deceased immediately.
5. With the above observation, this Writ Petition is disposed. No
costs. Connected miscellaneous petitions are closed.
03.10.2023
Index: Yes / No
Speaking order / Non-speaking order
bkn
https://www.mhc.tn.gov.in/judis
W.P.No.8958 of 2020
To:
1. The Secretary.
Government of Tamil Nadu,
Finance (Pension) Department,
Chennai - 600 006.
2. The Pension Pay Officer,
Office of Pension Pay,
No.571, Officers Building, Veterinary Campus,
Amma Valagam, Ground Floor,
Anna Salai, Nandanam,
Chennai – 600 035.
https://www.mhc.tn.gov.in/judis
W.P.No.8958 of 2020
R.N.MANJULA ,J.
bkn
W.P.No.8958 of 2020
03.10.2023
https://www.mhc.tn.gov.in/judis
