Madras High Court
D.Balasubramaniam vs The Director on 25 October, 2024
W.P.No.27155 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.27155 of 2021
and W.M.P.No.28647 of 2021
D.Balasubramaniam ... Petitioner
Vs.
1.The Director,
Public Health and Preventive Medicine Department,
Chennai 600 006.
2.The Deputy Director of Health Services,
Perambalur.
3.The Block Medical Officer,
Government Primary Health Centre,
Kolakkanatham Block,
Alathur Taluk, Peramballur District.
4.The Accountant General (Accounts & Entitlements),
Tamil Nadu, No.361, Anna Salai,
Teynampet, Chennai 600 018. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records on the file
of the first respondent herein in Na.Ka.No.256/PHC/2021 dated .09.2021
(signed on 21.09.2021) and quash the same and to direct the respondents
herein to disburse the entire retirement and pensionary benefits without any
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W.P.No.27155 of 2021
deduction or recovery within a limited time frame as fixed by this Court.
For Petitioner : Mr.M.Ravi
For Respondents : Mr.K.Tippu Sulthan, GA for R1 to R3
M/s.J.Sreevidhya for R4
ORDER
This Writ Petition has been filed for quashment of the proceedings of
the first respondent herein in Na.Ka.No.256/PHC/2021 dated 21.09.2021 and
consequently, to direct the respondents to disburse the entire retirement and
pensionary benefits without any deduction or recovery within a limited time
frame as fixed by this Court.
2. Heard the learned counsel on either side and perused the materials
available on record.
3. The learned counsel for the petitioner submitted that when the
petitioner was serving as Non Medical Supervisor in Public Health
Department at the office of the third respondent, had applied for voluntary
retirement owing to his personal constraints and the same was accepted and
he voluntarily retired from service on 09.05.2021 A.N. By the proceedings of
the third respondent in Na.Ka.No.256/PHC/2021 dated 21.09.2021, it was
informed to the petitioner that on re-designation of the post of Health
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Inspector 1B to Health Inspector Grade I, the pay fixation was done
erroneously and he has been directed to remit an amount of Rs.4,07,329/- to
the Government Account or to inform as to whether the said amount could be
deducted from his gratuity.
4. He further submitted that the Hon'ble Supreme Court in the case of
State of Punjab vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC
334, has held that recovery of any excess payment made, owing to the
mistake of the Department for over a period of 5 years, cannot be made. The
aforesaid decision of the Hon'ble Supreme Court has been followed in the
Government Order in G.O.Ms.No.286, Finance (Pension) Department dated
28.08.2018, which bars any recovery from retired employees or recovery
from any employee, the excess payment has been made for a period in excess
of five years before the order of recovery is issued.
5. The learned Government Advocate appearing for the respondents 1
to 3 submitted that as per G.O.Ms.No.110/Health and Family Welfare
Department, dated 06.05.2014, 5% PP has to be merged in the pre-revised
scale of Leprosy Inspector and not in the revised scale of Health Inspector
Grade I since the post of Health Inspector Grade I does not carry personal
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pay. As on 01.01.1998, the annual increment has been fixed at Rs.4800/- and
the Selection grade was awarded to the petitioner on 08.03.1998 and the pay
has been fixed at Rs.5300/- on 08.03.1998 in the time scale of pay of
Rs.5300-150-8300. As per the guidance of the 4th respondent, the pay has
been revised and re-fixed from 01.08.1997 to 09.05.2021. The excess paid
amount has been calculated as Rs.4,7,329/-. In this regard, the petitioner has
been informed vide letter R.No.256/PHC/2021, dated 21.09.2021 that whether
the excess paid amount may be remitted to the Government Account by
challan or may be recovered from the DCRG of the petitioner. Till date, no
recovery has been implemented. The petitioner was working as Non-Medical
Supervisor which comes under the category of Group B. The recovery from
employees belonging to Group B Officer is permissible in rule and as per the
guidance of the 4th respondent, the fixation has been revised and the same is
proper. Therefore, there is no infirmity in the impugned order passed by the
first respondent.
6. In view of the submissions made by the learned counsel on either
side and in the light of the judgment of the Hon'ble Supreme Court in the case
of State of Punjab vs. Rafiq Masih (White Washer) as stated supra, this
Court finds that the recovery of any excess payment made, owing to the
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mistake of the Department for over a period of 5 years, cannot be made.
Since the respondents have sought to make recovery from 01.08.1997 to
09.05.2021, the same is impermissible in law. Hence, this Court directs the
respondents to pay the amount, if any recovered from the petitioner. The
respondents are also directed to make all the payments due to the petitioner as
per law, within a period of four weeks from the date of receipt of a copy of
this order.
7. With the above observations and directions, this Writ Petition is
disposed of. No costs. Consequently, connected Miscellaneous Petition, if
any, is closed.
25.10.2024
vkr
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
To
1.The Director,
Public Health and Preventive Medicine Department,
Chennai 600 006.
2.The Deputy Director of Health Services,
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Perambalur.
3.The Block Medical Officer,
Government Primary Health Centre,
Kolakkanatham Block,
Alathur Taluk, Peramballur District.
4.The Accountant General (Accounts & Entitlements),
Tamil Nadu, No.361, Anna Salai,
Teynampet, Chennai 600 018.
VIVEK KUMAR SINGH, J.
vkr
https://www.mhc.tn.gov.in/judis
25.10.2024
https://www.mhc.tn.gov.in/judis
