A VAHITHKHAN Vs. DIRECTOR OF FAMILY WELFARE

JUDGEMENT

(1.) THE petitioner, has challenged the order dated 15.12.1998 of the Medical Officer, Government Primary Health Centre, Nallur, Cuddalore District, by which a sum of Rs.71,254/- was directed to be recovered in instalments from the salary of the petitioner. THE impugned order of recovery is challenged on the ground that no notice was given to him and therefore, there is a violation of the principles of natural justice.

(2.) ACCORDING to the petitioner, he had not made any misrepresentation or furnished wrong details when the pay was revised in the post of Selection Grade of Extension Educator. It is seen from the pleadings that the petitioner, along with four other Block Extension Officers, have already challenged the orders of recovery in O.A.No.6029 of 1995 before the Tamil Nadu State Administrative Tribunal. It is the contention of the petitioner that the said Original Application, was withdrawn without getting any consent from the petitioner. On the directions of the Joint Director of Health Services, Family welfare Wing, Cuddalore, second respondent dated 03.12.1998, the Medical Officer, Nallur Primary Health Centre, Cuddalore District, the third respondent has sought for recovery.

(3.) THE endorsement made by the learned counsel is as follows:"THE learned cousin for the applicant has made an endorsement to the effect that the Original Application may be dismissed as withdrawn. Accordingly, the Original Application be hereby dismissed as withdrawn.".