Natarajan vs Accountant General
2024 Latest Caselaw 17570 Mad

Madras High Court

Natarajan vs Accountant General on 4 September, 2024

                                                                                      W.P.No.14368 of 2016




                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 04.09.2024

                                                         CORAM:

                                     THE HONOURABLE MRS.JUSTICE N. MALA

                                                  W.P.No.14368 of 2016
                                                and WMP.No.12548 of 2016

                Natarajan                                                              ... Petitioner

                                                            Vs.
                1. Accountant General
                   Office of the PR Accountant General
                   (Account & Entitlement) Tamil Nadu
                   361, Anna Salai,
                   Chennai 600 018.

                2. The Treasury Officer,
                   District Treasury Office
                   Salem.

                3. The Sub Treasury Officer
                   Sub Treasury Office
                   Attur, Salem District.                                           ... Respondents



                                  PRAYER : Writ Petition filed under Article 226 of Constitution of
                India, to issue Writ of Certiorarified mandamus to call for the records of the
                impugned order Na.Ka.No.785/2015/Aa dated 22.03.2016 passed by the 3rd
                respondent and quash the same and consequently direct the respondents to pay
                the sum of Rs.54,787/- which is withhold from the pension of the petitioner
                until March 2016.
https://www.mhc.tn.gov.in/judis
                Page 1 of 4
                                                                                           W.P.No.14368 of 2016




                                           For Petitioner      : Mr.T.Ganesan

                                           For Respondents     : Mrs.J.Sree Vidya
                                                                 Standing Counsel for R1

                                                                Mr.R.Kumaravel
                                                                Addl.Govt.Pleader for R2 & R3

                                                            ORDER

This writ petition is filed for issuance of a Writ of Certiorarified

Mandamus to call for the records of the impugned order

Na.Ka.No.785/2015/Aa dated 22.03.2016 passed by the 3rd respondent and

quash the same and consequently direct the respondents to pay the sum of

Rs.54787/- which is withheld from the pension of the petitioner until March

2016.

2. When this writ petition was taken up for hearing, learned

Additional Government Pleader appearing for the respondents 2 & 3 fairly

submitted that the issue raised in the writ petition is covered by the judgment of

the Hon'ble Supreme Court in the case of State of Punjab and others vs.

Rafiq Masih (White Washer) and others reported in 2015 (4) SCC 334

and accordingly no recovery whatsoever can be made. In view thereof, the

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

impugned order dated 22.03.2016 passed by the 3rd respondent is quashed in as

much as the petitioner belongs to “C” category. The respondents are directed to

repay Rs.54,787/- withheld from the pension of the petitioner till March 2016

within a period of twelve weeks from the date of receipt of a copy of this order.

3. In the result, the writ petition is allowed. No costs.

                                                                                                 04.09.2024

                dpq
                Index                       : Yes /No
                Speaking Order              : Yes/No



                To

                1. Accountant General

Office of the PR Accountant General (Account & Entitlement) Tamil Nadu 361, Anna Salai, Chennai 600 018.

2. The Treasury Officer, District Treasury Office Salem.

3. The Sub Treasury Officer Sub Treasury Office Attur, Salem District.

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

N. MALA, J.

dpq

04.09.2024

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