Madras High Court
G.Lakshmi Kaanthan vs The Director Of Treasuries on 5 September, 2023
WP.No.30020/2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.09.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.No.30020/2016 & WMP.No.26025/2016
G.Lakshmi Kaanthan ... Petitioner
Versus
1.The Director of Treasuries
Saidapet, Chennai 600 015.
2.The Treasury Officer
Villupuram District, Villupuram. ... Respondents
Prayer : - Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of certiorarified mandamus calling for the
records relating to the impugned order passed by the 2 nd respondent in his
proceedings Na.Ka.No.4060/2016/C2 dated 18.07.2016 and quash the same
and consequently direct the respondents herein to forthwith repay the
recovered amount to the petitioner herein.
For Petitioner : Mr. K.Raja
For Respondents : Mr.U.Baranidharan, AGP
1
https://www.mhc.tn.gov.in/judis
WP.No.30020/2016
ORDER
(1) The writ petition has been filed in the nature of a certiorarified
mandamus seeking interference with an order of the 2nd respondent,
Treasury Officer, Villupuram, in proceedings Na.Ka.4060/2016/C2
dated 18.07.2016 and to quash the same and to direct the respondents
to repay the recovered amounts to the petitioner herein.
(2) The petitioner is a beneficiary by receiving the Family Pesion
consequent to the services rendered by his wife who retired as Nursing
Superintendent Grade-II in the District Government Headquarters
Hospital at Cuddalore, on 31.01.1996. She died on 21.01.2012. The
Family Pension had been sanctioned to the petitioner. Quite apart
from that, the petitioner was also a Government servant and he is
receiving the pension payable to him on account of his service. The
petitioner was issued with proceedings dated 18.07.2016, which was
less than five years from the date of the death of his wife that excess
Family Pension had been paid and it should be recovered in twelve
equal instalments. The excess Family Pension which the petitioner
had received was Rs.77,073/- and the monthly instalment would work
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WP.No.30020/2016
out to Rs.6,865/-. The respondents had recovered two instalments
amounting to Rs.12,081/-. The balance which they have to recover is
Rs.64,992/-.
(3) In the affidavit filed in support of the writ petition, the petitioner had
claimed that he is not aware of the reason why the deduction is sought
and also placed reliance on the judgment of the Hon'ble Supreme
Court reported in 2015 [4] SCC 334 [State of Punjab Vs. Rafiq
Masiah [White Washer]]. He claimed that the recovery would be
iniquitous.
(4) In the counter affidavit, however, it had been contended that notice
had been issued to the petitioner by Rc.No.4060/2016/E2 dated
6.07.2016 and that the petitioner had also come over personally to the
office of the respondents on 19.07.2016 and that the petitioner had
been explained about the over payment of Family Pension to him
consequent to the death of his wife and the nature of the audit
objection. The audit objection was that there was a revision which
had been made in G.O.Ms.No.174 and the benefit of that revision had
been applied to the wife, which was not proper and that the pension
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WP.No.30020/2016
should have been fixed as per the stipulations in G.O.Ms.No.235. It
was therefore stated that the petitioner is not only receiving his own
pension, but also additional Family Pension over and above for what
he was entitled to.
(5) The facts are clear. The judgment may not be directly applicable to
the petitioner herein in view of the fact that the petitioner is already
drawing pension and it is informed by the learned Additional
Government Pleader that the petitioner is drawing pension of
Rs.37,783/-. It is also contended by the learned Additional
Government Pleader that the petitioner is therefore a double pensioner
and therefore, it had been contended that the recovery cannot be
termed as iniquitous. It had been stated that the principles laid down
in the aforementioned judgment would not be applicable to the
petitioner herein.
(6) Very strangely, the petitioner had not disclosed where he had been
working and on what ground he is receiving pension in his affidavit.
He has not disclosed the Government Department where he had been
working. That particular fact had been completely suppressed in the
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WP.No.30020/2016
affidavit filed in support of the writ petition. The judgment would
also apply only to Class III and Class IV employees and there befing
no indication in the affidavit as to the post in which the petitioner
retired and also the Department where the petitioner worked, it can be
reasonably presumed that such suppression of factual information is
only because the petitioner was not in employment in a past which
could be categorised as Class III or Class IV. Therefore, the ratio laid
down in that particular judgment, would not be directly applicable to
the petitioner herein. Quite apart from that, it is seen that notice had
also been served on the petitioner and he had also appeared in person.
The only relief that could be granted is to spread out the instalments
in view of the stay granted by this Court..
(7) The amount which is to be recovered in Rs.64,992/-. The respondents
have laid down a schedule to recover the same in ten equal
instalments. Two instalments had already been recovered.
(8) A direction is given to the respondents that the amount should be
recovered, instead of ten, in twelve equal instalments, which would
mean that every month, the petitioner herein would have to pay 1/12th
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WP.No.30020/2016
of Rs.64,992/-.
(9) The writ petition stands dismissed except for the above observation.
No costs. Consequently, connected miscellaneous petition is closed.
05.09.2023
AP
Internet : Yes
To
1.The Director of Treasuries
Saidapet, Chennai 600 015.
2.The Treasury Officer
Villupuram District, Villupuram.
https://www.mhc.tn.gov.in/judis
WP.No.30020/2016
C.V.KARTHIKEYAN, J.,
AP
WP.No.30020/2016
05.09.2023
https://www.mhc.tn.gov.in/judis
