N.Sabtharishi v. The Treasury Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10-04-2026 CORAM :

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.6833 of 2026 and W.M.P.(MD).No.5660 of 2026 N.Sabtharishi

...Petitioner

Vs

1. The Treasury Officer, District Treasury Dindigul District - 624 004.

2. The Divisional Engineer NABARD Highways and Rural Roads Thanjavur - 613 001.

... Respondents Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent i.e., the Treasury Officer. District Treasury, Dindigul in Letter in Ka.Mu.No.271/2026/Ae3 dated 19.01.2026 and quash the same and consequently direct the first respondent i.e. the Treasury Officer, District Treasury, Dindigul to refund the amount already recovered i.e. Rs.18,622/- to the petitioner within a 1/5

specified time frame that may be fixed by this Honble Court and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : M/s.S.Visvalingam For Respondents : M/s.B.Ramanathan Additional Government Pleader

O R D E R

This writ petition has been filed challenging the proceedings passed by the 1st respondent in f.K.vz;.271/2026/v3 dated 19.01.2026 and seeking consequential direction to the 1st respondent to refund the amount already recovered i.e., Rs.18,622/- to the petitioner.

2. Heard learned Counsels appearing on either side and perused the materials available on record.

3. According to the petitioner, pursuant to the impugned order dated 19.01.2026, the petitioner was summoned to the office of the first respondent to take steps for recovery of the alleged excess pension paid 2/5

to him vide PPO No. R2704371. The petitioner submitted his reply through Speed Post on 04.02.2026, objecting to the recovery by placing reliance on the decision of the Hon'ble Apex Court in State of Punjab vs. Rafiq Masih (White Washer) and Others, reported in (2015) 4 SCC

334. Thereafter, thinking that an amount of Rs.18,622/- was recovered from the pension payable to the petitioner, the petitioner has filed the present petition challenging the said proceedings dated 19.01.2026.

4. Today, when the matter is taken up for consideration, Mr.B.Ramanthan, learned Additional Government Pleader, on instructions, submitted that no amount has been recovered from the petitioner so far and that, in the event any proposal for recovery, an appropriate enquiry would be conducted after putting the petitioner on notice. He further submitted that no recovery would be effected merely by virtue of the impugned proceedings.

5. In light of the above, adjudication of the matter on merits at this stage is not required. Accordingly, placing on record the submissions made by the learned Additional Government Pleader, this writ petition is disposed of. In the event the respondents intend to effect any recovery, 3/5

they shall follow due process of law and afford due opportunity to the petitioner before passing any order of recovery. No costs. Consequently, the connected miscellaneous petition is closed. 10.04.2026 NCC:yes/no Index:yes/no Internet:yes/no gvn To:

1. The Treasury Officer, District Treasury Dindigul District - 624 004.

2. The Divisional Engineer NABARD Highways and Rural Roads Thanjavur - 613 001.

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MUMMINENI SUDHEER KUMAR , J.

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