G.MOOKKAN Vs. PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, ST GEORGE FORT, CHENNAI

JUDGEMENT

(1.) The order of recovery, dated 13.03.2015, issued by the 3rd respondent is under challenge in the present Writ Petition.

(2.) The writ petitioner is working as Scavenger in Koodaloor Town Panchayat, Theni District. The fixation of pay to the writ petitioner was done by the Establishment of the respondents and there was no misrepresentation or otherwise on the part of the writ petitioner. However, the third respondent issued the impugned order, based on the audit objections raised by the Local Fund Audit and accordingly, imposed recovery. Audit objections were raised on the ground that pay fixation done to the writ petitioner was erroneous and not in accordance with the Government Orders in force. Consequently, excess amount already paid by way of salary to the writ petitioner is sought to be recovered.

(3.) Admittedly, the writ petitioner is working as Scavenger, which is under Group-4 service. Thus, excess amount already paid by way of salary cannot be recovered from the writ petitioner. This apart, no notice or opportunity was given to the writ petitioner even to defend his case. Thus, the impugned order passed by the 3 rd respondent is in violation of the principles of natural justice.