BHAGYALAKSHMI Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners herein are the legal heirs of the deceased Government Servant viz., K.Venkatesan, who retired from service on 28.02.2006. The first petitioner is the wife and the other petitioners are the children of the deceased.

(2.) THE first petitioner's husband viz., K.Venkatesan (since died) was working as Headmaster in the Government Adi Dravidar Welfare High School, Kappur, Villupuram District at the time of his retirement on 28.02.2006. By the proceedings dated 01.09.1997, the third respondent has passed a detailed order by stepping up the pay of the petitioner by taking note of the salary received by one V.Periasami, who was junior to him. Thereafter, based upon the audit objection, the earlier order passed on 01.09.1997 was reviewed and ordered recovery of the additional salary paid to the first petitioner's husband. But the said order has not been served on the deceased employee. The first petitioner's husband was allowed to retire on 28.02.2006 by the proceedings of the second respondent. In pursuant to the proceedings of the fourth respondent dated 18.09.2007, a recovery was sought to be made on the gratuity amount accrued to the petitioners. Thereafter, the petitioners have come forward to file the present writ petition challenging the order of the third respondent dated 12.04.2001 and the subsequent order dated 18.09.2007 passed by the fourth respondent.

(3.) PER contra, the learned Government Advocate, based on the counter affidavit filed, submitted that by the earlier order dated 01.09.1997 the pay of the deceased employee has been fixed wrongly. It was rectified by subsequent impugned order dated 12.04.2001. Therefore, the recovery is rightly sought to be made and hence, no interference is required.