A.PAVUNAMMAL Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) This Writ Petition has been filed, under the Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records, relating to the order passed by the 3rd Respondent, in proceedings in Na.Ka.No.312A, dtd. 22/8/2022 and to quash the same.

(2.) The facts of case, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are that the Petitioner's husband, B.Aandappan had joined as a Village Head Man on 17/5/1957 and after his retirement, he died on 19/11/2017. By the GO.Ms.No.828 (Rev), dtd. 23/8/1996, family pension was sanctioned in favour of the Petitioner from 19/12/2018 onwards. The Petitioner received the entitled pending pension amount and she also started to receive the family pension at the rate of Rs.6,750.00.- p.m. While so, in the year 2022, the 3rd Respondent had passed the impugned order, dtd. 22/8/2022, stating that since it was found, during the audit conducted by the concerned Authorities that an excess family pension amount to the tune of Rs.2,94,233.00 was paid to her for the period from 20/11/2017 to 31/7/2022, the Petitioner had to repay the above said excess amount. From 1/8/2022 onwards, the pension amount was not credited in her pension account till date to recover the alleged excess pension amount paid to her. Hence, contending that unless the impugned order of recovery is set aside, she will be put to irreparable loss and hardship, since she is the sole bread-winner of the family and relying on various decisions of the Honourable Supreme Court and the High Courts, passed in similar circumstances, this Writ Petition has been filed, seeking the prayer as stated above.

(3.) In the counter affidavit filed by the 3rd Respondent, it is stated as follows:-