G. Sundaram v. The Accountant General ( A And E)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and W.M.P.(MD) No.9059 of 2020 G.Sundaram ... Petitioner Vs.
1.The Accountant General (A&E) 361, Anna Salai, Teynampet Chennai-18 2.The Director of Agriculture Chepauk, chennai 3.The Assistant Treasury Officer, Sub Treasury Office, Uthamapalayam, Theni.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents herein from withholding or effecting any recovery from the petitioners pension account PPO No.R0710877/AGR and to consequently direct the respondents to continue the pension paid in the month of January, 2018.
For Petitioner :Mr.P.Samuel Gunasingh For Respondents :Mr.S.Mahalakshmi for R1 Mr.Karuppasamy, G.A. for R2 & R3
ORDER
The petitioner is a pensioner and he has been receiving pension of Rs.51,327/- per month and this has been suddenly reduced to Rs.43,796/-, after deducting a sum of Rs.7,531/-, from the month of February 2020. Challenging such reduction, the present writ petition has been filed seeking a writ of Mandamus to direct the respondents not to deduct the amount of pension so far received by the petitioner, as this deduction has suddenly been impacted against the petitioner without any notice on him.
2. I have heard the learned counsel for the petitioner, who would submit that, this reduction is unilateral, as no notice has been given to the petitioner seeking any explanation or any opportunity of being heard given to the petitioner, suddenly, this 1/3
deduction in pension has been impacted by the respondents against the petitioner. Therefore, such a reduction is bad in law.
3. I have heard Mrs.S.Mahalakshmi, learned standing counsel for the first respondent and the learned Government Advocate for the respondents 2 and 3.
4. The learned counsel appearing for the respondents made a combined request before this Court that, if at all the petitioner's grievance is only to the effect that no notice has been served on him before the reduction of pension is effected, certainly, the respondents are ready and willing to give notice to him and after hearing him, necessary orders would be passed based on the eligibility of the writ petitioner to get the actual pension.
5. The said fair submission made by the learned standing counsel for the first respondent as well as the learned Government Advocate for the respondents 2 and 3 is taken on record and in view of the said submission, this Court is inclined to dispose of the writ petition to the following effect:
"that the respondents are hereby directed not to deduct or reduce the pension hitherto received by the writ petitioner till the month of January 2020 and the said amount shall continue to pay to the petitioner. However, it is open to the third respondent to issue a show cause notice to the petitioner with regard to the proposal of reduction of pension and after giving an opportunity of being heard to the petitioner, final order can be passed by the third respondent as to whether deduction in pension has to be effected or not. Accordingly, the respondents can act upon, after the final order is passed by the third respondent, as indicated above. Till such time, the present pension, which was paid to the petitioner till the month of January 2020, shall continue to be paid without any hindrance.
The needful as indicated above shall be done by the respondents, especially, the third respondent within three months from the date of receipt of a copy of this order." 6.With these observation and direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
Arul Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Accountant General (A&E) 361 Anna Salai Teynampet Chennai-18 2.The Director of Agriculture Chepauk chennai 3.The Treasury Officer District Collectorate Campus, Madurai +1 CC to M/s.GP ( SR-15265[F] dated 28/08/2020 ) and W.M.P.(MD) No.9059 of 2020 27.08.2020 SCR(CO) KK(30.09.2020) 3 P 5C 3/3