U ARAVAMUDHAN Vs. DISRTICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE petitioner was working as a Additional Head Master in which post he was working till 28.02.2002. THEreafter, he retired from the post of Additional Head Master and in pursuant to the retirement, the petitioner was given pension.

(2.) THE second respondent herein issued the impugned order in Na. Ka. No. 77/A3/2000, dated 31.01.2002 whereby the petitioner has been asked to repay the amount by way of recovery on the ground that the second respondent has been directed by the first respondent in and by his proceedings dated 24.01.2002 with increment in bonus has been wrongly given to the petitioner with effect from 01.10.1998. THErefore the second respondent has issued the impugned order based upon the proceeding dated 24.01.2002 of the first respondent. Challenging the said proceedings the petitioner has filed the present writ petition.

(3.) A reading of the said judgment would show that the same is squarely applicable to the present case on hand. Hence considering the factual and also the legal position mentioned above. The writ petition has to be allowed. Accordingly the same is allowed. However if the respondent decides to refix the pension for the future period it is open to them to do so after affording an opportunity to the petitioner. No costs. Consequently connected Miscellaneous petition is closed.