D. BALASUBRAMANIAN Vs. COMMISSIONER, SALEM

JUDGEMENT

(1.) The order of recovery issued by the first respondent in proceedings in Pro.No.C6/29905/2013 dtd. 18/12/2014 is under challenge in the present writ petition.

(2.) The petitioner was appointed as Junior Assistant in the Salem Corporation on 16/11/1965. He was allowed to retire from service on the ground of Medical Invalidation on 6/11/1995. The terminal and pensionary benefits due to the writ petitioner were settled. The Government issued G.O.Ms.No.363, Finance (PC) Department dtd. 23/8/2013 for grant of Dearness Allowance as Dearness Pay for the purpose of pension revision pursuant to the orders of the Hon'ble Supreme Court of India. While extending the orders passed by the Hon'ble Supreme Court of India, the Government issued G.O.Ms.No.272, Finance (PC) Department dtd. 15/6/1998 to those persons, who retired between 1/6/1988 and 31/12/1995.

(3.) Pursuant to the Government orders, revision of pension was granted in favour of the writ petitioner. Accordingly, the petitioner was receiving the pension. However, without issuing any show cause notice, the impugned order of recovery has been issued by the first respondent in proceedings dtd. 18/12/2014.