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Madras High CourtWP(MD)/21634/2015allowed

Manickam (Sweeper), v. The Commissioner

2015-12-03Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.12.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P(MD)No.21634 of 2015 and M.P(MD)Nos.1 and 2 of 2015 Manickam(Sweeper) ... Petitioner Vs.

1.The Commissioner, Aruppukkottai Municipality, Virudhungar District.

2.The Health Inspector(6th Section), Aruppukkottai Municipality, Virudhunagar District.

3.The Sanitary Inspector, Aruppukkottai Municipality, Virudhunagar District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records pertaining to Na.Ka.No.619/2014/H1, dated 05.11.2015 passed by the first respondent and quashing the same.

For Petitioner : Mr.M.Kalamurugappan For Respondents : Mr.N.Dilipkumar

O R D E R

The petitioner is a Sanitary Worker. The salary of the petitioner was paid for October 2015 in full. It is later found that Rs.8,742/- was paid in excess. Hence, recovery is ordered by the impugned order, dated 05.11.2015, by the first respondent. The petitioner has filed this Writ Petition questioning the order, dated 05.11.2015.

2. The learned counsel for the petitioner has submitted that the petitioner has no objection for recovery and the petitioner cannot be directed to pay the entire amount in one lump sum. He has further submitted that the amount could be deducted in equal monthly installments from his salary.

3. In view of the said statement, the impugned order, dated 05.11.2015, is modified to the effect that the amount of Rs.8,742/- could be deducted in five monthly equal installments and the first installment could commence from the salary of December, 2015 payable in January, 2016.

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4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner, Aruppukkottai Municipality, Virudhungar District.

2.The Health Inspector(6th Section), Aruppukkottai Municipality, Virudhunagar District.

3.The Sanitary Inspector, Aruppukkottai Municipality, Virudhunagar District.

+1CC to Mr.R.Murugappan,Advocate, SR.No.69311. W.P(MD)No.21634 of 2015 and M.P(MD)Nos.1 and 2 of 2015 03.12.2015 AM/11.12.2015/NGM.SS/SAR-I/2P/5C https://hcservices.ecourts.gov.in/hcservices/