R. ARUMUGHAM Vs. ADDITIONAL ASSISTANT ELEMENTARY

JUDGEMENT

(1.) THE present writ petition is the transferred O.A.No.7457 of 2001 filed on behalf of the Tamilnadu Administrative Tribunal challenging the order of the first respondent dated 16.11.2001. Through the said impugned order, the first respondent directed recovery of a sum of Rs.12,624/ from the petitioner alleging that the said amount is an excess amount paid to the petitioner from 01.09.1998 to May 2001.

(2.) THE case of the petitioner is that he was appointed as Secondary Grade Teacher on 13.12.1962 and later, promoted as Headmaster on 01.06.1966. After rendering more than 38 years of service, he retired on 30.06.2000. The Government issued G.O.Ms.No.562 Finance (Pay Cell) Department dated 28.09.1998 and ordered that persons stagnating in a post beyond 30 years i.e. employees stagnating in the Special Grade more than 10 years be granted one bonus increment as an incentive. The petitioner had completed more than 30 years of service in the same post and completed 10 years in the Special Grade and therefore, he had full filled the criteria for eligibility for one bonus increment as contemplated under G.O.Ms.No.562. Accordingly, the first respondent by his proceedings dated 26.03.1999, sanctioned the bonus increment to the petitioner with effect from 01.09.1998 and the petitioner was drawing the increased pay till his retirement. However, to his utter shock and surprise, the first respondent passed the present impugned order directing recovery of Rs.12,624/ being the excess pay drawn by him from 01.09.1998 to May 2001. This order came to be passed by the first respondent based on an audit objection.

(3.) THE respondents filed a counter affidavit wherein they admitted that the petitioner was appointed as Secondary Grade Teacher on 13.12.1962 and later on, promoted as Headmaster on 01.06.1966 and further admitted that the petitioner retired on 30.06.2000 and reemployed from 01.07.2000 to 31.05.2001. It is further stated in the counter that the petitioner was given bonus increment with effect from 01.09.1998 and after drawing the increased pay, the petitioner retired on 30.06.2000. However, it is stated in the counter that the real facts would show that the petitioner is not entitled to get the bonus increment as per G.O.Ms.No.562 dated 28.09.1998. By oversight, the petitioner was given such increment. As the Audit objection was made, the impugned order was passed. It is further admitted in the counter that the respondent had not sent any notice to the petitioner before passing the impugned order.