N.Anbarasu v. The Regional Accounts Officer(Audit)

W.P(MD)No.12161 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.12161 of 2020 and W.M.P(MD).No.10463 and 14606 of 2020 N.Anbarasu ... Petitioner versus 1.The Regional Accounts Officer (Audit), School Education Department, Madurai-625 002.

2.The Chief Educational Officer, Perambalur.

3.The Head Master, Government Higher Secondary School, Chettikulam, Perambalur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders passed by the first respondent in his proceedings in Na.Ka.No.311/A7/2015 dated 21.03.2016 and the proceedings in Na.Ka.No.2893/A7/2018 dated 31.07.2018 and quash the same and direct the respondents to release the earned leave surrender amount of Rs.2,06,832/- with all other attended benefits with interest to the petitioner and confer all the consequential benefits. For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

This writ petition has been filed against the order of cancelling the incentive increments provided to the petitioner and the consequent order of recovery.

2.The learned counsel for the petitioner submits that the impugned order has been passed without providing any opportunity to the petitioner. The incentive increment is provided to the petitioner for several years and without any notice the impugned order is passed denying the incentive increment to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.12161 of 2020 3.The learned Additional Government Pleader appearing for the respondents submit that the petitioner is not entitled for the incentive increments, as per the Government Order and therefore the mistake has been rectified by the impugned order. 4.On perusal of the records, it is seen that the impugned order has been passed without providing any opportunity to the petitioner, which is in violation of the principle of natural justice. 5.Considering the rival submissions and the limited prayer sought for in the writ petition, this writ petition is disposed of with a directions to the respondent to provide an opportunity to the petitioner and to decide the case afresh by assigning the reasons for the decision. No Costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Regional Accounts Officer (Audit), School Education Department, Madurai-625 002.

2.The Chief Educational Officer, Perambalur.

3.The Head Master, Government Higher Secondary School, Chettikulam, Perambalur District.

+1 CC to M/s.SPL.GP ( SR-3992[F] dated 03/02/2022 ) W.P(MD)No.12161 of 2020 02.02.2022 RS(29.03.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2