N A NARAYANASAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE writ petitioner was employed as an Elementary School Headmaster in the year 1957 and it is stated that he was promoted as Middle School Headmaster on 01.10.1970. THEreafter, he was reverted as Elementary School Headmaster again and retired as Elementary School Headmaster on 31.12.1989 by following G.O.Ms.No.1178, Education Department dated 22.12.1993. Since the petitioner was acting as a Middle School Head Master as on 01.10.1970, the petitioner's pension was fixed at Rs.4482/-. THE said fixation is stated to be as per paragraph No.6 of the said Government Order.

(2.) THE grievance of the petitioner is that while he was receiving pension at the above said rate, it was reduced in the year 1999 onwards and fixed at Rs.4413/-. In the year 2004, the amount of pension was reduced from Rs.4413/- to Rs.3940/-. When the petitioner has sought for reasons, the second respondent, as per the communication dated 21.09.2004, which was originally challenged by the petitioner in the writ petition, has stated that the same was due to audit objection since there was an improper fixation of salary of the petitioner consequently, resulting in different fixation of pension also. Against the same, the petitioner has given a representation to the respondents on 20.10.2004 and it was, thereafter, on analysing the entire issue, the second respondent has passed the subsequent order dated 05.07.2005, which is challenged in this writ petition by way of amendment, which was subsequently carried out in which it is stated that the pension of the petitioner should be fixed instead of Rs.3940/- as Rs.4110/-. In the said order, it is also stated by the second respondent that in the audit objection it was found that the excess pension paid was @ Rs.4413/- and inasmuch as the petitioner is eligible for fixation of pension as Rs.4110/-, the difference of Rs.303/- per month is to be recovered. So a direction was issued to recover the said excess amount paid. Challenging the said order, the present writ petition is filed.

(3.) IN view of the above, the impugned order stands set aside with a direction to the respondents to refund the recovered amount forthwith to the petitioner, however, making it clear that it is always open to the respondents to refix the salary as well as the pension of the petitioner in accordance with law after giving due opportunity to the petitioner. The writ petition stands allowed accordingly. Connected M.Ps. are closed. No costs.