K. MAALAI Vs. GOVT. OF TAMILNADU

JUDGEMENT

(1.) The order impugned dtd. 27/8/2010 states that 5% Special Pay was granted excessively to the writ petitioner and therefore, the writ petitioner is liable to repay the excess amount of Rs.26,561.00 in lumpsum. Challenging the said order, the present writ petition is filed.

(2.) The writ petitioner was appointed as Sanitary Supervisor in Srivaikundam Town Panchayat and retired from service on 31/8/2010, on attaining the age of superannuation. The petitioner was granted with the benefit of 5% Special Pay as per the Government orders in rectification of the pay anomaly. The 5% Special Pay was granted in accordance with the government orders and therefore, there was no infirmity in respect of grant of 5% Special Pay to the writ petitioner.

(3.) However, on the ground of the audit objection, the impugned order of recovery has been issued. The petitioner states that the impugned order of recovery has been issued without any valid reason and more specifically, at the time of the retirement of the writ petitioner.