Madras High CourtWP(MD)/16521/2017allowed

R.Pandi, Turn Cock, v. The Principal Secretary To

2018-01-31Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.16521 to 16523 of 2017 and WMP(MD)Nos.13152 to 13156 of 2017 and WMP(MD)Nos.14727, 14730 & 14731 of 2017 R.Pandi ... Petitioner in WP(MD)No.16521 of 2017 C.Easwaran ... Petitioner in WP(MD)No.16522 of 2017 P.Kamuthurai ... Petitioner in WP(MD)No.16523 of 2017 Vs.

1. The Principal Secretary to Government, Finance (Pay Cell) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Director of Town Panchayat, Kuralagam, Chennai - 600 108.

3. The Director of Municipal Administration, Ezhilagam Annexe, Chepauk, Chennai - 600 005.

4. The Director of Local Fund Audit, Integrated Finance Department Building, 4th Floor, Behind Veterinary Hospital, Nandanam, Chennai - 600 035.

5. The Executive Officer, Selection Grade Town Panchayat, Veerapandi Post, Theni District.

... Respondents in all cases Common Prayer : Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the fifth respondent in Na.Ka.No.168/2013 dated 07.08.2017 quash the same and consequently direct the respondents herein to refund the recovery made from the salary of the petitioner from July 2017 together with interest thereon.

For Petitioner in all cases : Mr.C.Christopher For Respondents in both cases : Mrs.S.Srimathy, Special Govt.Pleader for R1 to R4 Mr.D.Muruganandham for R5 Addl.Govt.Pleader COMMON ORDER The petitioners are working as Turn Cock in the office of the fifth respondent. The impugned orders dated 07.08.2017 were passed by the fifth respondent for recovering the certain sums from the writ petitioners' pay.

2.It is seen from a reading of the impugned orders that such orders of recovery were passed without notice to the writ petitioners. Therefore, on the ground of the violation of principle of natural justice, the orders impugned in these writ petitions are quashed. The fifth respondent is directed to pass fresh orders in accordance with law, after giving an opportunity of personal hearing to the writ petitioners.

3.These writ petitions are allowed as indicated above. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To