S RAJESWARI Vs. DIRECTOR OF RURAL DEVELOPMENT CHENNAI

JUDGEMENT

(1.) THE petitioner, being aggrieved by the impugned part of the order, vide which, directions have been issued to recover excess pay and allowances of Rs.43,434/- (Rupees Forty Three Thousand Four Hundred Thirty Four only) drawn from 01.06.1988 to 06.10.1999, approached this Court, by invoking the extraordinary writ jurisdiction of this Court.

(2.) THE petitioner is the wife of Mr.M.N.Natarajan, the deceased employee, who was employed in the Office of the Directorate of Rural Development. THE husband of the petitioner was promoted as Extension Officer (Accounts) on 01.10.1985 in the pay scale of Rs.905-45-1445-50-1545. THE Tamil Nadu Revised Scales of Pay Rules was enforced on 28.03.1989 and the scales were revised with retrospective effect with effect from 01.06.1988.

(3.) THE impugned order is challenged on the ground that fixation of pay was done by the department without any participation of the husband of the petitioner and there are no allegations of fraud or misrepresentation on the part of her husband, therefore, it is not open to the respondents to recover the excess amount, even if paid wrongly.