LAWS(MAD)-2009-10-115

M SIVAPRAKASAM Vs. STATE OF TAMIL NADU

Decided On October 30, 2009
M. SIVAPRAKASAM Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE writ petitioners have retired from their services in 2009 and they were paid the pensionary benefits. THE writ petitions are for a direction against the respondents to refund the amounts of Rs.65,249/=, Rs.84,224/- and Rs.78,315/= respectively, with 18% of interest per annum and to pay the difference of pension from April 2006, pursuant to the inspection note for the year 2004-2005 of the second respondent.

(2.) A perusal of the proceedings of the second respondent in L.Dis.2299, 2298 and 2300/07 B respectively, dated 30.11.2007 would show that based on the inspection note for the year 2004-2005, it was found that the petitioners' pension was wrongly fixed at Rs.2,910/- instead of Rs.2,181/- insofar as it relates to the first writ petitioner is concerned, Rs.3,757/= instead of Rs.2,772/= insofar as it relates to the second writ petitioner is concerned, and Rs.3,637/= instead of Rs.2,762/= insofar as it relates to the third writ petitioner is concerned, w.e.f. 1.4.1999 and it has led to excess payment made to the petitioners and that has been recovered from their pensionary benefits from July 2004 to April 2006.