K HARIHARA SUBRAMANIAN Vs. DISTRICT COLLECTOR TIRUNELVELI

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THE petitioner has stated that his father H. Krishnan was working as an accountant in the Panchayat Development Section at the Collector's Office, Tirunelveli, and he had retired from service on 24.11.69. THE petitioner's father was paid the pension due to him. He had died on 15.12.95. Since, his wife, the mother of the petitioner had died earlier, the pension that was being paid to the petitioner's father was stopped from 15.12.1995. While so, by an order of the second respondent, dated 2.8.96, made in Rc.No.83/96(A-1), the petitioner has been intimated that a sum of Rs.34,944/-, being the excess amount paid as pension was ordered to be recovered from the monthly pension of H. Krishnan, the father of the petitioner. Since a sum of Rs.4344/- had been recovered from the monthly pension of H.Krishnan, the petitioner has been asked to remit the balance amount, failing which appropriate action would be pursued against the petitioner. In such circumstances, the petitioner has filed an original application before the Tamilnadu Administrative Tribunal in O.A.No.4881 of 1996, which has been transferred to this Court and re-numbered as W.P.No.29935 of 2006.

(3.) THE learned Additional Government Pleader appearing on behalf of the respondents had submitted that the petitioner was liable to remit the balance amount of Rs.34,944/-, which was the excess pension paid, to the petitioner's father, H. krishnan. Since, H. Krishnan had died on 15.12.95, the second respondent had issued the impugned order, based on the audit report of the year 1994.