S.R.Dhakshinamoorthy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.30846 of 2012 S.R.Dhakshinamoorthy

...Petitioner

-Vs1. The State of Tamil Nadu, Rep. by the Secretary to Government, Department of Education, Fort St. George, Chennai - 9.

2. The Director of School Education, D.P.I. Complex, Chennai - 600 006.

3. The Chief Educational Officer, Collectorate, Sahuvachary, Vellore.

4. The Accounts Officer General, O/o The Principal Accountant General (Accounts & Entitlements), Tamil Nadu, Madras.

5. The Headmaster, Government Boys Higher Secondary School, Ranipet, Vellore District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to order bearing No.Na.Ka.No.5283/A3/09, dated 15.09.2009 of the third respondent, quash the same and consequentially direct the respondents to sanction and grant the balance of Gratuity amount of Rs.42,537/- withheld by the respondent together with interest from the date of petitioner's superannuation i.e. from 30.04.1997 till the date of payment.

For Petitioners :

M/s.T.Dharani For R1 to R3 :

Mr.P.Rajarajeswari, Government Advocate For R4 :

Ms.J.Sree Vidya

ORDER

With the consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein is aggrieved against the impugned order, whereby his request for the balance gratuity amount of Rs.42,537/- was rejected. The petitioner herein had retired from service on 30.04.1997. In the impugned order, the third respondent had stated that, owing to the wrong fixation of pay, as pointed out by the Accounts Officer General, in their proceedings dated 16.06.2000 and 12.02.2004, a sum of Rs.1,01,762/- requires to be recovered from the petitioner and therefore, the amount of Rs.42,537/- claimed by the petitioner cannot be granted.

3. Insofar as the recovery of alleged excess payment from a retired Government employee is concerned, the same is held to be impermissible, in view of the law laid down by the Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334. As per the aforesaid judgment, when certain payments were mistakenly made by the employer in excess and the Government servant has also retired from service, recovery of the excess payment is impermissible in law.

4. While that being so, it is seen that the petitioner's request for sanction of the balance amount of gratuity of Rs.42,537/- was rejected only on the ground that since there are some excess payments, which is sought to be recovered, the amount of Rs.42,537/- cannot be paid. Now that this Court is of the view that the respondents cannot recover the sum of Rs.1,01,762/-, the petitioner's request for payment of the balance amount of Rs.42,537/- gains significance. Hence, the impugned order of the third respondent, rejecting the petitioner's request for payment of the balance gratuity amount, cannot be sustained.

5. In the light of the above observations, the impugned order dated 15.09.2009 is quashed. Consequently, the petitioner is granted liberty to make a fresh representation to the third respondent herein, claiming the balance gratuity amount of Rs.42,537/-, along with a copy of this order. On receipt of the same, the third respondent shall consider it, in the light of the observations made in this order and without reference to the outstanding excess payment of Rs.1,01,762/- and pass appropriate orders, within a period of four (4) weeks from the date of receipt of the representation.

6. The Writ Petition stands allowed, accordingly. No costs. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar hvk To

1. The Secretary to Government, Department of Education, Fort St. George, Chennai - 9.

2. The Director of School Education, D.P.I. Complex, Chennai - 600 006.

3. The Chief Educational Officer, Collectorate, Sahuvachary, Vellore.

4. The Accounts Officer General, O/o The Principal Accountant General (Accounts & Entitlements), Tamil Nadu, Madras.

+1cc to M/s.J.Sreevidya, Advocate SR. No.14024 +1cc to M/s.T.Dharani, Advocate SR. No.14079 +1cc to Government Pleader SR. No.14570 W.P.No.30846 of 2012 MG (CO) PR (21/03/2022)