T.G.RAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records in relation to the orders passed by the 2nd Respondent in Na.Ka.No.432/Nir-3/2015, dated 07.04.2015 and the order passed by the 3rd Respondent in Na.Ka.No.2912/A/14, dated 08.04.2015 and quash the same and to direct the Respondents to pay DCRG, Surrender of Earn Leave, General Provident Fund and Special Provident Fund amounts and all other consequential benefits.

(2.) The writ petitioner was initially appointed as Workshop Attendant (Electrical), Differently Abled Social Welfare Departments on 05.11.1984, and retired from service on 31.01.2015 on attaining the age of superannuation. The petitioner had served about 31 years in the Department. The pay as applicable has been fixed based on the Government orders and pay rules in force.

(3.) The learned counsel appearing on behalf of the writ petitioner made a submission that there was no misrepresentation or otherwise on the part of the writ petitioner. The pay was fixed by the respondent establishment and subsequently, after a lapse of many years and based on the audit objections, it was found that there was an error in the fixation of pay of the petitioners. Thus, the pay was reduced and consequently, an order of recovery also has been issued. The learned counsel appearing for the petitioner states that no notice or opportunity was given to the writ petitioner before issuing the impugned order of reduction of pay and recovery. This apart, the order of recovery has been issued after the retirement of the writ petitioner and he was allowed to retire from service. Thus, the actions of the respondent are in violation of the principles of natural justice.