K RAJAGOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the orders of the 4th respondent made in proceedings No.AG(A&E)/PENPO9/2/R31-335/RVN/2003-2004/3348 as well as the consequential order of the 5th respondent dated 28.08.2003 made in RF.18/2265/03(A) seeking to quash the same and for a direction to the respondents for fixation of pension on the basis of scale of pay received on 31.05.2002 and for reimbursement of the amount of Rs.2,43,423/- (Rupees two lakhs forty three thousand four hundred and twenty three only) withheld by the 4th respondent from the account of the petitioner.

(2.) HEARD Mrs.G.Thilakavathi, learned counsel for the petitioner, Mr.S.Gopinathan, learned Additional Government Pleader appearing for the respondents 1, 2, 3 and 5 and Mr.T.Ravikumar, learned counsel appearing for the 4th respondent.

(3.) WHILE that being the position, the 4th respondent in the impugned proceedings dated 26.2.2003, made in P.P.O.No.C.104197/EDG, directed the 5th respondent, to withhold the excess amount paid on the basis of the alleged higher scale of pay, construing the same as an excess payment and determined the quantum liable to be recovered as Rs.5,05,960/- (Rupees Five lakhs five thousand nine hundred and sixty only) as endorsed in the order dated 30.07.2003. In the impugned orders of the respondents, they have withheld the Death-cum-Retirement Gratuity due to the petitioner at the time of his retirement from service, a sum of Rs.1,31,401/-(Rupees One lakh thirty one thousand and four hundred and one only) and the balance of Rs.4,33,998/- (Rupees Four lakhs thirty three thousand and nine hundred and ninety eight only) was determined to be withheld in equal instalments of Rs.1,575/- from and out of the pension payable to him as per the impugned orders. By the consequential proceedings of the 5th respondent, a total sum of Rs.2,03,363/- was withheld from the DCRG payable and a balance of Rs.2,30,635/- was determined to be withheld as per the following details: 1st instalment from 9/2003 Rs. 685.00 2nd instalment to 147 instalment @ Rs.1575X146 Rs.229950.00 Total Rs.2,30,635.00 However, the following amount have been recovered from the petitioner under the guise of alleged erroneous scale of pay granted to him. i. DCRG adjusted on 28.08.2003 Rs.2,03,363 ii. First instalment recovered Sep,2003 Rs. 685 iii. Accumulated pension arrears from 01.06.2002 to 31.08.2003 adjusted by the fourth respondent Rs. 22,250 iv. II instalment for Oct, 2003 Rs. 1,375 v. Nov,2003 to Aug 2004 so far recovered Rs. 15,750 --------------- Total Rs.2,43,423 ---------------- The petitioner prays for quashing the above impugned order in so far as the withholding of the amount Rs.2,43,423/- as detailed above on the ground, that the order is violative of Article 14 and the service conditions under which the petitioner worked the orders that the 4th respondent withholding the amount is misconceived and the conclusion is arrived at without affording an opportunity of hearing or notice to the petitioner. Though the respondents have received the Rule Nisi in the month of November, till date, no counter is filed by them.