S. AMAN BEEVI Vs. MADURAI CORPORATION

JUDGEMENT

(1.) This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned orders in Na.Ka.No.B. 29/10609/2010, dated 12.5.2010, 14.5.2010 and 24.5.2010 issued by the respondent as arbitrary and illegal and consequently to direct the respondent to refund the recovered amount of Rs.7,034/-(Rupees Seven Thousand and Thirty Four only) to the Petitioner.

(2.) Heard the learned counsel appearing on either side and perused the materials placed before this Court.

(3.) The Petitioner is the wife of Late Shri Subedar, who joined as Office Assistant in the respondent/corporation on 25.3.1970 and thereafter promoted as Sanitary Supervisor, died in harness on 23.11.1995 leaving behind his wife, two daughters and one son, as his legal heirs. After the demise of her husband, she is receiving family pension and with the said family pension she brought up the children and there is no other source of income except the said family pension and no legal heir of her husband is given appointment on compassionate grounds and with the mere pension, she is living with great difficulties. While-so, she was served with impugned orders dated 12.5.2010, 14.45.2010 and 24.5.2010 in Na.ka.No.B29/10609/2010 stating that Rs. 56,0133/- has been excessively paid as family pension for the period from 24.11.2002 to 28.2.2010 and the said amount directed to be paid within three days.