Madras High Court
J.Angel Mary vs The Inspector General Of Registration on 24 February, 2025
W.P.(MD).No.8474 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.8474 of 2019
and
W.M.P.(MD) No.6635 of 2019
J.Angel Mary ... Petitioner
Vs.
1. The Inspector General of Registration,
Tamil Nadu Registration Department,
Santhome, Chennai.
2. The District Registrar,
Marthandam,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records on the file of the second respondent pertaining to its proceeding
bearing No.1666/A/2018, dated 05.04.2018 and the proceedings bearing No.
1666-1/A/2018, dated 28.02.2019 and to quash the same and consequently
direct the respondents not to make any recovery.
For Petitioner : Mr.S.C.Herold Singh
1/8
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W.P.(MD).No.8474 of 2019
For Respondents : Mr.G.V.Vairam Santhosh
Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order dated
05.04.2018 passed by the District Registrar, Marthandam, Kanyakumari
District, for recovering for a sum of Rs.2,15,461/- has been claimed being the
excess amount paid from 2013 to 2019.
2. The case of the writ petitioner is that, the petitioner joined the
service on 04.05.1983 as daily wages. She was confirmed in the post of Kadhi
Assistant Grade-III with effect from 01.03.1993 and her probation was
declared on 10.08.1995. The Kadhi Village and Industries Board were facing
excess employees in the Kadhi Department. While so, there were vacancies
available in the Registration Department and it was agreed by the
Registration Department to absorb the excess employees, who are working in
Kadhi Village and Industries Board. She was absorbed in the respondent
Department as Record Clerk. Her services were regularised during
10.08.1995 and she was granted Selection Grade during 2008 with effect
from 2005. She was also paid the arrears for the period from 2005 to 2008.
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She was granted Special Grade by proceedings dated 22.07.2013 and the
benefits were also granted. In pursuant to the same, she has been continuously
receiving the benefits including increments and other benefits which are all
eligible to her. While so, she was absorbed from Kadhi Village and Industries
Department, she was given pay protection as well as service protection. At no
point of time, she has made any representation for seeking the benefits and
she has been received the benefits only in accordance with the Government
Orders. Perhaps, by communication dated 09.03.2018, there was a direction
to recover the amount alleged to have been excessly paid without even
issuing any notice and without affording any opportunity to her. Therefore,
the order impugned came to be passed recovering for a sum of Rs.2,15,461/-
being the excess amount paid to the petitioner only from 2013 to 2019.
Hence, the present Writ Petition.
3. The learned counsel appearing for the petitioner would submit that
the order impugned in the writ petition came to be passed without following
the principles of natural justice. The order impugned in the writ petition
came to be passed without any basis and the petitioner has not aware of the
same and the petitioner was not at all given an opportunity to put forth her
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case. He would further submit that in similar circumstances, the Hon'ble
Single Judge of this Court in W.P(MD) Nos.4597 to 4601 of 2022, dated
16.03.2022 has considered the issue and directions were issued and prayed
for to consider the present writ petition also on the same terms of the order
passed by the learned single Judge of this Court.
4. The learned Additional Government Pleader appearing for the
respondents would submit that in order to provide an opportunity to the
petitioner, the respondents are ready to issue a notice to the writ petitioner
and thereafter will pass an appropriate orders in this regard.
5. It is seen from the records, it is not in dispute the order impugned in
the writ petition came to be passed without issuing any notice to the writ
petitioner. In this regard, the order referred by the learned counsel for the
petitioner in W.P(MD) Nos.4597 to 4601 of 2022, dated 06.03.2022 in
paragraph Nos. 9 to 11 are extracted as follows:
“9. The contention of the petitioners are that the
Commissioner of Commercial Taxes vide letter dated
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27.08.2015 has issued a letter directing the authorities
to consider and issue Selection Grade and Special
Grade. However, the proper authority is the Secretary,
Handloom, Handicrafts, Textiles and Khadi
Department, where the said authority has specifically
stated that the absorbed candidates are not eligible for
Selection Grade and Special Grade and the service
rendered in Khadi Board cannot be taken into account
for conferring Selection Grade and Special Grade.
10. This Court is of the considered opinion that
the absorption itself is a concession. The Government
has granted pay protection initially and has granted
pension by calculating the service period rendered in
Khadi. The initial absorption itself is to avoid loss and
initially, service protection was denied to avoid the
extra expenses. Thereafter, the Government has issued
G.O.Ms. No. 152, wherein, it has been clearly stated
that this is only for pensionary benefits. Hence the
Commissioner of Commercial Taxes letter dated
27.08.2015 is against the G.O.Ms. No. 152. Thereafter,
the Secretary, Handloom, Handicrafts, Textiles and
Khadi Department has clarified vide Letter dated
19.12.2017 that the petitioners and the like persons are
not entitled to the benefit of selection grade and special
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grade. This letter dated 19.12.2017 is in accordance
with G.O. Ms. No. 152.
11. Therefore, this Court is passing the following
order:
a.That the said letter dated 19.12.2027 of the
Secretary, Handloom, Handicrafts, Textiles and Khadi
Department is in accordance to the G.O. Ms.No. 152
and is valid;
b.That the letter dated 27.08.2015 issued by the
Commissioner of Commercial Taxes is against the
G.O.Ms. No. 152 and the same is not valid;
c.Since the petitioners were granted selection
grade and special grade based on the letter dated
27.08.2015, the government shall take action against
the erring official; and
d.The respondents are directed to issue show
cause notice to the petitioners and after giving
opportunity shall pass speaking order on the
entitlement, thereafter shall pass the recovery order if
the petitioners are not entitled to.”
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6. On perusal of the facts of the case on hand, this Court is of the view
that the judgment relied on by the learned counsel for the petitioner is
applicable, Hence, this Court is inclined to allow this writ petition. The
respondents are directed to issue show cause notice to the petitioner and after
giving opportunity shall pass speaking order on the entitlement, thereafter
shall pass the recovery order if the petitioner is not entitled to.
7. With the aforesaid direction, this Writ Petition stands disposed of.
There shall be no order as to costs. Consequently connected Miscellaneous
Petition stands closed.
24.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Inspector General of Registration,
Tamil Nadu Registration Department,
Santhome, Chennai.
2. The District Registrar,
Marthandam,
Kanyakumari District.
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M.JOTHIRAMAN,J.
ebsi
24.02.2025
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