S.SAMUVEL @ VELUSAMY Vs. COMMISSIONER

JUDGEMENT

(1.) The instant writ petition is for to call for the records in pursuant to the impugned order of recovery passed by the 3rd respondent in proceedings in Na.Ka.No.P1/663/2016 dated 21.04.2016. Consequently, seeking for a direction to the respondents to repay the amount already recovered with interest.

(2.) The petitioner was appointed as a Wireman in Ranipet Municipality in Vellore District on 04.08.1988. She was transferred to Vandavasi Municipality by proceedings dated 17.10.2000 in Na.Ka.No.212 /2000/P1 on daily wage basis by the Regional Director of Municipal Administration. The service of the petitioner was regularized in the post of wireman with effect from 11.01.2001 at a consolidated pay of Rs.2,000/- p.m . An order of recovery was passed against the petitioner on 21.04.2016 stating that the petitioner had been wrongly regularized on 11.01.2001 and the correct date of regularization is 31.03.2006. Consequential order for recovery of amount has been passed by an impugned order dated 21.04.2016 in Na.Ka.No.P1/663/2016, which is now under challenge in this writ petition.

(3.) The learned counsel for the respondents has drawn the attention of this Court to the Counter Affidavit filed by them, wherein, a stand has been taken that the order of regularization was wrong because the petitioner was brought on regular pay scale only on 01.04.2006. It is also stated that when the pay scale was revised, the petitioner had given an undertaking that in case if it is found that excess amount has been paid to the petitioner then the petitioner would refund the money back.