Madras High CourtWP/19588/2023disposed of

C.P. Lakshmi v. The Commissioner

2023-07-03Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.19588 of 2023 C.P.Lakshmi ... Petitioner Vs

1. The Commissioner, Treasuries & Accounts, Saidapet, Chennai - 600 015.

2. The District Treasury Officer, Chengalpet District, Chengalpet.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider and dispose of the representation submitted by the petitioner dated 02.06.2022 for refunding the excess amount recovered beyond commutation period in the pension of the petitioner, i.e., after March, 2005.

For Petitioner : Mr.G.Sudangan For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

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This Writ Petition has been filed to direct the first respondent to consider and dispose of the representation submitted by the petitioner dated 02.06.2022 for refunding the excess amount recovered beyond commutation period in the pension of the petitioner, i.e., after March, 2005.

2. The grievance of the petitioner is that she retired from service on 01.03.1990. At the time of retirement, she was granted original pension of Rs.899/- and the commuted portion of pension is 299/- for the commuted value of Rs.37,531/-. He further submitted that after recovery of the commuted portion of pension, she was granted Rs.600/- as reduced pension in the year 1990 and the commuted portion of pension should have been recovered from her pension for a period of 15 years and therefore, the recovery of commuted portion of pension should have been stopped on 01.03.2005. However, still the same amount is being recovered from her pension. Therefore, the petitioner has given a representation to the respondents on 02.06.2022 and the same has not 2/5

been considered by the respondents. Hence, the present Writ Petition.

3. Heard Mr.G.Sudangan, learned counsel for the petitioner, Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the respondents.

4. Considering the limited prayer sought in this Writ Petition, the first respondent is directed to consider the representation of the petitioner and pass Orders on merits and in accordance with law within a period of one month from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. No costs.

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1. The Commissioner, Treasuries & Accounts, Saidapet, Chennai - 600 015.

2. The District Treasury Officer, Chengalpet District, Chengalpet.

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N.SATHISH KUMAR, J.

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