M. RAGHAVAN Vs. THE MANAGING DIRECTOR, CHIEF ACCOUNTS OFFICER AND THE JOINT CHIEF ENGINEER (GL), TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, CHENNAI

JUDGEMENT

(1.) PETITIONER has filed this writ petition praying to issue a writ of certiorari calling for the records connected with the proceeding in letter No.37248/TWAD/GPF II/A1/88 -2 dated 10.1.2000 on the file of the Chief Accounts Officer, the 2nd respondent and quash the same.

(2.) IN the affidavit filed in support of the writ petition, petitioner would submit that he retired as Superintending Engineer in Tamil Nadu Water Supply and Drainage Board on 30.6.1988 on superannuation, after serving in the Board for nearly 36 years and 4 months; that on 17.1.2000, he received a letter dated 10.1.2000 from the Chief Accounts Officer, the second respondent herein informing that as a result of the follow up action taken up by the GPF (UP) Section, it was found that a sum of Rs.10,000/ - drawn by him as part and final withdrawal during 3/1985 has not been debited in the account and therefore, the Managing Director ordered to recover the amount of Rs.10,000/ - with compound interest from 3/1985 to 12/1999, totalling to Rs.53,015/ - (Principal Rs.10,000/ - plus interest Rs.43,015/ -); that therefore, the second respondent requested the third respondent to recover the sum of Rs.53,015/ - in 53 monthly installments from his pension at the rate of Rs.1015/ - per month from February 2000 onwards; that the respondents without issuing any notice and without giving any opportunity to him passed the order to recover the amount from his pension which is contrary to the Rules; that immediately on 19.1.2000, he sent a reply to the respondents requesting the TWAD Board to drop further action in the matter, but the respondents have withheld a sum of Rs.1015/ - from the pension payable to him for the month of January 2000; that he had applied for withdrawal of a sum of Rs.10,000/ - as part final payment from his G.P.F. Account during the month of March 1985, the amount was given to him; that in the month of September 1986, he had applied again for another part final withdrawal amount of Rs.12,000/ - from his G.P.F. Account and in the said application, he had furnished the particulars of withdrawal of Rs.10,000/ - in column No.7; that after the retirement, a final payment of Rs.13,724/ - was ordered to be paid to him on 12.8.1998 and he had received the payment of G.P.F. due to him. The petitioner would further submit that Rule 9 (1)(a) of Tamil Nadu Pension Rules, 1978, provides that:

(3.) THE petitioner would further submit that Rule 33 of the General Provident Fund (Tail Nadu) Rules, provides for procedure for presentation of application for final withdrawal; that Rule 33(2)(iii) of G.P.F. Rules provides "The Accounts Officer shall after verification with the ledger of account issue an authority for the amount indicated in the application at least a month before the date of superannuation but payable on the date of superannuation. As the authorisation to be issued by Accounts Officer will not always be for the amount indicated in the Application, for in certain cases, where the Subscriber has drawn temporary advance part final withdrawal after the date of despatch of application, the amount indicated in the application has to be reduced by such withdrawal."