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Madras High CourtWP/30589/2018disposed of

R.Gubendiran v. The Chairman

2018-11-22Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.30589 of 2018 and W.M.P.No.35671 of 2018 R.Gubendran ...

Petitioner Vs 1.The Chairman Tamil Nadu Generation and Distribution Corporation, TANGEDCO, Anna Salai Chennai 600 002.

2.The Chief Engineer Personnel TANGEDCO, Anna Salai Chennai 600 002.

3.The Superintending Engineer TEDC, TANGEDCO, Thiruvannamalai-606 604.

.... Respondents For Petitioner :

Mr.E.Manoharan For Respondent :

Mr.P.R.Dhilip Kumar, Standing Counsel Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records in proceedings in Memo No.SET/Adm.`/A-4/F.Audit/2017 dated 05.01.2018 on the file of the third respondent for recovery of excess pay and quash the same.

O R D E R

The order dated 05.01.2018 passed by the third respondent is under challenge. As per the impugned order, based on audit remarks, excess pay was sought to be recovered from the pay of the petitioner. It is also alleged that the pay has been refixed without any notice to the petitioner.

2. Learned counsel for the petitioner submits that before effecting recovery and re-fixation of pay, notice ought to have been issued to the petitioner and hence the recovery order, which is impugned in this writ petition is illegal. 3.Mr.P.R.Dhilip Kumar, learned Standing Counsel takes notice on behalf ofthe respondents.

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4.As the order of recovery is passed, without hearing the petitioner, the order is liable to be set aside. Accordingly, the impugned order dated 05.01.2018 is set aside and the respondents are directed to issue notice to the petitioner calling for his objections and pass further orders on merits and in accordance with law. The writ petition is disposed of accordingly. No costs. Consequently, connected W.M.P.is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To 1.The Chairman Tamil Nadu Generation and Distribution Corporation, TANGEDCO, Anna Salai Chennai 600 002.

2.The Chief Engineer Personnel TANGEDCO, Anna Salai Chennai 600 002.

3.The Superintending Engineer TEDC, TANGEDCO, Thiruvannamalai-606 604.

+1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.80075 +1cc to Mr.B.Manoharan, Advocate, S.R.No.80134 W.P.No.30589 of 2018 RV(CO) GSP(24/12/2018) https://hcservices.ecourts.gov.in/hcservices/