C ABDUL WAHAB Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER seek writ of certiorari to quash the orders passed by the 2nd Respondent in proceedings PO1/4/a62-967/rev/2004-2005/6302 PPO No. C 202336/sec dated 08. 10. 2004 for recovery of excess salary paid to the Petitioner.

(2.) PETITIONER retired as Head Electric lift operator, Public (Buildings) Department, Secretariat, Chennai on 31. 12. 2003. Pension proposals were sent to the 2nd Respondent- Accountant General Office. At the time of processing pension papers it was noticed that the Petitioner was awarded 5% of basic pay i. e Rs. 56/- as personal pay with effect from 01. 08. 1992 citing GO 664 Finance (PC) dated 24. 08. 1992, by the 1st Respondent and it was not in order. P and AR Department and Finance (PC) Department of Government have also accepted the incorrect amount of 5 % PP to the Petitioner. Deputy Secretary to Govt. Public (Bldgs) Department had ordered recovery of the excess paid amount or Rs. 46,657/- from the DCRG payable to the Petitioner which is challenged in this writ petition.

(3.) LEARNED counsel for the Petitioner, Mr. T. Sellapandian, has submitted that there cannot be any recovery due to wrong payment of 5% PP.