K. RAGUPATHIRAJ Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The order of recovery issued in proceedings dtd. 22/6/2007 to recover the excess salary paid to the petitioner is under challenge in the present writ petition.

(2.) The writ petitioner was appointed as Higher Grade Teacher on 5/1/1972. He was promoted as Secondary Grade Teacher on 1/6/1974 and his service was regularized retrospectively with effect from 5/1/1972. The petitioner was awarded with selection grade on 5/1/1982 and he was subsequently promoted as B.T. Assistant on 25/3/1987. The petitioner reached the age of superannuation and he was allowed to retire from service on 31/10/2007. During the eve of his retirement, the impugned order of recovery has been issued by the Head Master of the School on the ground that excess salary was paid to the petitioner from 1/6/1994 to 30/6/2007 and the said excess amount is calculated as Rs.83,096.00, which is to be recovered.

(3.) The learned counsel for the petitioner made a submission that the order of recovery has been issued without any show cause notice and opportunity to the petitioner. That apart, the details regarding calculation of recovery was also not made available to the petitioner. Thus, the impugned order is liable to be set aside.