D.MADURAI PILLAI Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) The petitioner was employed in Agricultural Department and retired from service on 31.5.2006 on reaching the age of superannuation. He was paid pension. Pursuant to the recommendations of the Sixth Pay Commission, pay was revised with effect from 1.1.2006 for the service employees and from 1.1.2007 to the retired employees.

(2.) Based on the aforesaid recommendations, pay was revised and fixed at Rs. 11,520/- by an order dated 2.2.2010. A grade pay of Rs. 2,400/- was also taken into account. Admittedly, pension was revised and fixed at Rs. 6,960/-. The revised pension was to be paid with effect from 1.1.2007. The petitioner was paid arrears pursuant to the aforesaid revision.

(3.) While so, the first respondent has found after more than a year that pension was incorrectly fixed for the petitioner at the revision. According to the first respondent, the revised pay shall be taken as Rs. 9,120/- and not Rs. 11,520/-. In that event, pension shall be revised to Rs. 5,760/- and not Rs. 6,960/-. Accordingly, a show cause notice dated 10.10.2011 was issued to the petitioner as to why recovery shall not be made of Rs. 1,02,936/- representing the excess payment made due to erroneous revision of pension. According to the first respondent, the pension was erroneously revised for the petitioner at Rs. 6960/- instead of Rs. 5,760/-. Ultimately, the impugned order dated 26.12.2011 was passed for recovery of Rs. 1,02,936/- in installments and also for revision of his pension from Rs. 6960/- to Rs. 5760/-.