N.NAGARATHINAM Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Petitioner was initially appointed as Tamil Pandit Grade-I on 05.12.1996. The qualification prescribed for the post of Tamil Pandit Grade I, is S.S.L.C with B.O.L (Tamil) and Tamil Pandit Training, as per G.O.Ms.No.107 dated 20.01.1976. Petitioner had higher qualification of M.A. and B.Ed on the date of appointment itself. Based on the said qualification of M.A and B.Ed the petitioner was duly sanctioned two incentive increment by the department as per G.O.Ms.No.42 dated 10.01.1969. On 05.12.2006, petitioner was sanctioned increment for selection grade. On 18.07.2012 petitioner was promoted as P.G.Assistant (Tamil). Petitioner after successful completion of 17 years of service, attained superannuation on 31.05.2013.

(2.) After 14 years of sanctioning of incentive increment, the 2nd respondent had raised audit objection on 06.05.2010 by stating that the steps have to be taken to recover a sum of Rs.69,122/- and directed the petitioner to submit her reply within 15 days. On 04.08.2010, petitioner submitted her reply to the 1st respondent through the 3rd respondent. Without considering the said explanation, the 2nd respondent by order in Lr.No.Pr.AG(CA)/ISC IV/11/C 20-917/10-11/49 dated 30.10.2012 rejected her representation by stating that the incentive increment for B.Ed was wrongly sanctioned and by an order dated 15.07.2013. The 3rd respondent has deducted a sum of Rs.1,40,023/- from the gratuity amount of the petitioner. Challenging the above said order, petitioner filed W.P.No.29569 of 2013 before this Court. By order dated 05.01.2015, this Court was pleased to set aside the order of the 3rd respondent on the grounds of violation of natural justice and remitted the matter back to the respondent to consider afresh.

(3.) Pursuant to the above said order, show cause notice was issued on 11.03.2015, to which the petitioner submitted a detailed representation on 06.04.2015 to the respondent. However, the 3rd respondent passed the impugned order dated 26.05.2015, stating that with the consent of the petitioner, a sum of Rs.1,40,023/- was deducted from the gratuity of the petitioner. Aggrieved by the same, the petitioner has filed the present writ petition to set aside the impugned order passed by the 3rd respondent.