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Madras High CourtWP/43300/2025disposed of

S.Gunasegaran v. District Treasury Officer

2025-11-17Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.48487 and 48489 of 2025 S.Gunasegaran ... Petitioner Vs

1. District Treasury Officer, Huzur Road, Collectorate Campus, Coimbatore - 641 018.

2. Assistant Treasury Officer, Subordinate Treasury, Palladam.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.1460439/2025/A1 dated 08.08.2025 passed by the second respondents and quash the same is illegal, since the second respondent herein stopped the petitioner's pension and without conducting any property enquiry even after the representation given by him and the action done by the second respondent is highly illegally and violated the basic 1/5

principles of natural justice.

For Petitioner : Mr.Ashok Kumar For Respondents : Mr.K.Surendran, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the order dated 08.08.2025 passed by the second respondent, thereby the entire excess amount was ordered to be recovered and only thereafter the pension would be paid to the petitioner.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The petitioner had worked as an Assistant in Health Care Centre and retired from service on 31.05.2010. Thereafter, he was receiving paying pension. While being so, the petitioner was served with the order dated 28.07.2025 proposing to deduct the excess pension payment to the tune of Rs.8,52,543/-. The petitioner accepted the same and sent a communication 2/5

dated 08.08.2025 requesting the respondents to deduct a sum of Rs.5,000/- per month from his pension. However, by the impugned order dated 08.08.2025, the second respondent informed the petitioner that the petitioner would be paid only after the entire excess amount of Rs.8,52,543/- is recovered.

4. It is not the case of the petitioner that, while he was in service, he was excessively paid. After his retirement, there was an error in the calculation of his pension, resulting in excess payment to the tune of Rs.8,52,543/-. The petitioner also fully agreed to the proposed recovery and requested that a sum of Rs.5,000/- be deducted every month from his pension. However, the respondents have completely stopped the pension till completion of the entire recovery The petitioner is now aged about 72 years and is struggling even for his daily livelihood.

5. In view of the above, the respondents are directed to deduct a sum of Rs.7,500/- per month from the petitioner's pension and further directed to disburse the balance pension amount every month without fail. 3/5

6. With the above directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. 17.11.2025 Index:Yes/No kv To

1. The District Treasury Officer, Huzur Road, Collectorate Campus, Coimbatore - 641 018.

2. The Assistant Treasury Officer, Subordinate Treasury, Palladam.

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G.K.ILANTHIRAIYAN, J.

kv 17.11.2025 5/5