K.Shanmugam v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 19.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH WP.No.11169 of 2004 and WP.MP.No.13087 of 2004 K.Shanmugam
...Petitioner
Vs The Commissioner, Panchayat Union, Ammapettai, Thanjavur District.
...Respondent
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders of the respondent in Na.Ka.No.1947/2003/A3 dated 27.06.2003 and Na.Ka.No.5785/2002/A4 dated 03.09.2003 and quash the same and direct the respondent to refund the amounts recovered from the petitioner and restore his pay at Rs.9130/- as on 01.04.2001 and grant him all consequential benefits.
For Petitioner : Mr.P.Rajendran For Respondent : Mrs.K.Bhuvaneswari, AGP
O R D E R
The petitioner, who was employed as a Rural Medical Officer with the respondent herein, had retired from the services on 31.10.2004. As per G.O.Ms.16 dated 29.01.1998, his pay was fixed with effect from 01.10.1984 at Rs. 780-35-1025-40-1395 and with effect from 01.06.1988, in the scale of Rs. 1820-60-2300-753200. Subsequently, in April 2001, the petitioner's pay came to be reduced from Rs.9130/- to Rs.8639/-. The respondent herein had issued an order dated 27.06.2003 stating that in view of the audit objections, a sum of Rs.57,648/- should be recovered for the years 1999-2000, 2000-2001 and 2001-2002 and thereby, ordered for recovery. Subsequently, a recovery was also made from the petitioner's salary at the rate of Rs.5700/- per month. In September 2003, an order dated 03.09.2003 came to be passed
stating that out of the total sum of Rs.1,47,453/- due to be paid to the petitioner on account of arrears of pay as per the IV Pay Commission Recommendations, a sum of Rs.62,231/- alone could be paid after deducting the amount raised in the audit objections. In respect of the audit reports from 1999-2000 and 2000-2001, a recovery was already ordered on 27.06.2003 from the petitioner's salary. As such, the recovery had been made twice for the same amount. In view of this, the present writ petition has been filed.
2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader, on written instructions submitted that pursuant to a Government Order in G.O.Ms.164 dated 24.09.2007, the excess amount of Rs.85,222/- which was recovered from the petitioner had been repaid to him on 16.11.2007 itself. As such, the petitioner may not be aggrieved, insofar as the recovery is concerned.
3. The learned counsel for the petitioner submits that though the recovery amount has been repaid, his pension requires to be revised, in view of the earlier orders passed by the respondent herein. It is seen that earlier, the petitioner's salary was reduced to Rs.8639/- from Rs.9130/-. However, the written instructions referred by the respondent herein does not refer to such a revision being made to the petitioner's salary.
4. In view of the fact that the respondent himself has admitted that the recovery was wrongly made, it would automatically follow that the petitioner's salary with effect from April 2001, should also be restored at Rs.9130/- instead of Rs.8639/-.
5. The learned Additional Government Pleader, by placing reliance on the written instructions submitted that the original files of the Commissioner's proceedings dated 27.06.2003 and 03.09.2003 are yet to be retrieved. Since the writ petition is pending from 2004 onwards, any further pendency would only cause prejudice to the petitioner herein. As such, it would be appropriate to direct the respondent to consider in restoring the petitioner's pay at Rs.9130/-.
6. In the light of the above observations, the petitioner is granted liberty to make an appropriate representation to the respondent herein seeking for restoration of the pay at Rs.9130/- with effect from 01.04.2001. On receipt of such a representation, the respondent shall consider the same in the light of the observations made in the present order and restore the petitioner's pay at Rs.9130/- as on 01.04.2001, which exercise shall be completed within a period of 12 weeks from the date of receipt of copy of this order.
7. The writ petition stands ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar hvk To The Commissioner, Panchayat Union, Ammapettai, Thanjavur District.
WP.No.11169 of 2004 and WP.MP.No.13087 of 2004 sj(co) cs/24/04/2019