SUBBURAJ Vs. ACCOUNTANT GENERAL, GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The order of recovery dated 15.10.2015 issued by the second respondent is sought to be quashed.

(2.) The writ petitioner was holding the post of Headmaster at Panchayat Union Primary School at Permalpatti, Peraiyur Taluk, Madurai District and retired from service on 30.09.1996. The fixation of pay as well as the pension was granted to the writ petitioner at the instance of the establishment of the respondent Department. However, audit objections were raised in respect of the fixation of pay as well as the pension and consequently, the impugned order of recovery was issued to recover the excess salary / pension already paid to the writ petitioner, in violation of the pay rules and the Government Orders in force.

(3.) The learned counsel appearing on behalf of the writ petitioner states that no show cause notice or opportunity was provided to the writ petitioner. Thus, the impugned order is in violation of the principles of natural justice. This apart, there is no misrepresentation or otherwise on the part of the writ petitioner.