LAWS(MAD)-2012-2-611

ACCOUNTANT GENERAL Vs. S. NATARAJAN

Decided On February 28, 2012
ACCOUNTANT GENERAL Appellant
V/S
S. NATARAJAN Respondents

JUDGEMENT

(1.) THE Accountant General is the appellant in this writ appeal filed against the order of the learned Single Judge dated 31.08.2010 in W.P.(MD)No.949 of 2008.

(2.) THE writ petitioner/first respondent in the writ appeal sought for a Writ of Certiorarified Mandamus to quash the proceedings of the appellant herein dated 21.11.2005 and consequently, direct the appellant herein as well as the Tahsildar, Adi Dravidar Welfare - second respondent herein to pay the pension and DCRG as per G.O.Ms.No.160, dated 23.08.2005 to the writ petitioner.

(3.) THE appellant herein received the proposal for authorisation of pension benefits to be granted to the first respondent/writ petitioner on the last pay drawn of Rs.9,925.00; however, the same was returned by the appellant herein in June, 2005 for rectifying certain errors and the same was re-submitted by the second respondent, contending that the pay fixation was in order. However, the appellant authorised pension, taking the pay at Rs.7,900.00 only and an endorsement was made in the DCRG to recover the excess paid pay and allowances made from 09.07.1989 till the date of retirement on the ground that there was an erroneous fixation.