Madras High Court
R.Nagamani vs The Registrar on 27 March, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD) No.22250 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM:
THE HONOURABLE Mr.JUSTICE BATTU DEVANAND
W.P.(MD)No.22250 of 2023
and W.M.P(MD)No. 18522 of 2023
R.Nagamani ... Petitioner
Vs.
1.The Registrar,
Kamaraj University,
Palkalai Nagar,
Madurai – 625 021
2.The Director,
Educational Multimedia Research Centre,
Kamaraj University,
Palakalai Nagar,
Madurai – 625 021
3.The Deputy Director of Local Fund Audit,
Kamaraj University,
Palkalai Nagar,
Madurai – 625 021 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus to call for the
records pertaining to the impugned letter in Ref.No.EMRC/MKU/
ADMN/PEN/2023-2024 dated 09.08.2023 issued by the second
respondent in so far recovery of Rs.4,81,573/- (Rs.4,08,073/- (excess
pay) + Rs.73,500/- (Income tax) is concerned and quash the same as
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W.P.(MD) No.22250 of 2023
illegal and consequently direct the respondents to refund the recovered
amount of Rs.4,81,573/- to the petitioner, within the period that may be
stipulated by this Court.
For Petitioner : Mr.K.Ponnaiah
For R1 & R2 : Mr.T.Cibi Chakaraborthy
For R3 : Mr.M.Siddharthan
Additional Government Pleader
ORDER
This Writ Petition has been filed to quash the impugned letter
dated 09.08.2023 issued by the second respondent so far as the recovery
of Rs.4,81,573/- (Rs.4,08,073/- (excess pay) + Rs.73,500/- (Income tax)
is concerned and for consequential direction to the respondents to refund
the recovered amount of Rs.4,81,573/- to the petitioner, within a
stipulated time to be fixed by this Court.
2. Heard the learned counsel for the petitioner and the learned
counsel appearing for the respondents 1 and 2 and the learned Additional
Government Pleader appearing for the third respondent sand carefully
examined the materials available on record.
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3. The petitioner is the wife of one Dr.K.Govindan, who served as
Coordinator in Educational Multimedia Research Centre of Madurai
Kamaraj University from 11.08.1987. He was permitted to retire from
service on 28.02.2006 on attaining the age of age of 58 years. The
petitioner's husband died on 11.05.2021. Thereafter, the petitioner is
receiving family pension from the first respondent University after his
death.
4. It is the case of the petitioner that her husband initially joined as
Lecturer/Assistant Professor in Madurai in Yadava College, Madurai on
03.09.1976 and served upto 10.08.1987 for a period of ten years 11
months and 8 days. Thereafter, he was appointed as Lecturer in the first
respondent University on 10.08.1987 and was permitted to retire with
effect from 28.02.2006. The petitioner's husband challenged the order of
retirement on 27.02.2006 in WP(MD)No.2166 of 2006 before this Court
on the ground that he was a non-vacation academician and therefore
sought retirement on attaining the age of 60 years. The said writ petition
was allowed by this Court by order dated 08.04.2011 with a direction to
the first respondent University to pay salary and consequential benefits
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for the post of of Co-ordinator and Head of the Educational Multi Media
Centre to the petitioner until he reached the age of 60 years within a
period of six weeks. The first respondent had not disbursed the
pensionary benefits entitled to him from the day one of his retirement
until the order dated 08.04.2011 of this Court. After notice is served in
Contempt Petition, the first respondent preferred an appeal in
WA(MD)No.201 of 2012 and the same was dismissed by the Division
Bench on 21.12.2023.
5. Thereafter, the petitioner's husband was granted pensionary
benefits and subsequently he expired on 11.05.2021 and thereafter the
petitioner was receiving family pension. On 09.08.2023, the second
respondent vide letter dated 09.08.2023, informed the petitioner that out
of Rs.11,14,798/- the amount payable to the petitioner as arrears of pay,
after deducting Rs.4,08,073/- towards excess payment made to the
petitioners husband, they disbursed an amount of Rs.6,33,225/- to the
petitioner.
6. The petitioner submitted a representation dated 12.08.2023 to
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the respondents requesting to furnish particulars to come to an opinion
by them with respect to the excess payment made to the petitioner's
husband. He made another representation dated 15.08.2023 to refund a
sum of Rs.4,08,073/- + Rs.73,500/- for Income Tax payable at 4,47,573/-,
as the said amount was recovered unilaterally and arbitrarily without
following due process of law. Against the inaction of the respondents 1
and 2 in refunding the said amount, the petitioner is constrained to file
this writ petition.
7. The learned counsel for the petitioner would submit that the
order impugned in this writ petition is issued without putting the
petitioner on notice and no opportunity was provided to the petitioner
before deducting the said amount out of the amount payable to the
petitioner. The learned counsel further contends that as per the settled
law, the recovery should not be permissible from the retired employees or
the employees going to be retired within one year.
8. In the present case, admittedly, the petitioner's husband retired
on 28.02.2006. But later as per the order of this Court in WP(MD)No.
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2166 of 2006, he was allowed to continue till 28.02.2008. The husband
of the petitioner also expired on 11.05.2021. After fifteen years of the
retirement of the petitioner's husband and after two years of his death,
now the second respondent recovered an amount of Rs.4,08,073/- from
and out of the amount of Rs.11,14,798/-, which has to be paid to the
petitioner towards arrears of pay, on the ground that excess payment was
made to the petitioner's husband.
9. In the order impugned in this writ petition issued by the second
respondent on 09.08.2023, there is no mention about issuance of notice
before making that recovery. Under these circumstances, this Court has
no hesitation to hold that the second respondent high-handedly deducted
an amount of Rs.4,08,073/- out of the amount to be paid to the petitioner
towards arrears of pay.
10. The learned counsel for the petitioner has drawn attention of
this Court to the judgment of the Apex Court in Rafiq Masih (White
Washer) reported in 2015 (1) MPHT 130 (SC), wherein it is held that
recovery from retired employees or employees, who are going to retire
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within one year, is impermissible in law. The judgment of the Apex Court
is squarely applicable to the facts of the present case.
11. For the reasons stated above, this writ petition is allowed with
the following directions:
i)the impugned letter dated 09.08.2023 issued by the second
respondent is hereby quashed.
ii)The second respondent is directed to refund an amount of
Rs.4,08,073/- with interest at the rate of 6% from the date of deduction
till the date of refund to the petitioner.
iii)The second respondent shall refund the said amount with
interest within a period of four weeks from the date of receipt of a copy
of this order.
There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
27.03.2025
NCC : Yes/No
Index : Yes/No
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Internet : Yes
CM
To
The Deputy Director of Local Fund Audit,
Kamaraj University,
Palkalai Nagar,
Madurai – 625 021
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BATTU DEVANAND, J.
CM
and W.M.P(MD)No.18522 of 2023
Dated : 27.03.2025
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