M. JANNATHU NISHA Vs. DISTRICT COLLECTOR, MADURAI DISTRICT

JUDGEMENT

(1.) This Writ Petition has been filed by the wife of the deceased public servant seeking to quash the impugned order of the second respondent, dated 30.06.2014.

(2.) The learned counsel appearing for the petitioner submitted that the second respondent has unilaterally refixed the quantum of pension payable to the petitioner without issuing show cause notice to her and hence, she preferred W.P(MD).No.8597 of 2014 before this Court and this Court by order, dated 29.05.2014 disposed of the same with a direction to the second respondent to pass an appropriate orders after giving due opportunity to the petitioner. Pursuant to the said order, the present impugned order is again passed by the second respondent on 30.06.2014 whereby, the second respondent has called upon the petitioner to submit her consent letter on or before the end of the month of July 2014 and hence, this Writ Petition is filed.

(3.) Mr. J. Gunaseelan Muthian, learned Additional Government Pleader appearing for the respondents stated that the pension amount payable to the petitioner-s husband is wrongly fixed in respect of the petitioner. However, she is entitled to only Rs.5,520/~ per month as pension, whereas Rs.9,197/~ was paid to her as a pension from 08.02.2009 to 31.12.2009 and hence, there is an excess payment of Rs. 3,35,203/~, in order to recover the same in easy and convenient monthly installment. He would further submit that the impugned order may be set aside to to proceed afresh after issuing show cause notice.