Radhika .D v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.10.2024

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.17243 & 17244 of 2024 1.D.Radhika 2.M.Mahalakshmi 3.G.Senthamarai 4.M.Suguna 5.G.Jayanthi 6.S.Maariyammal 7.K.Rajalakshmi ... Petitioners Vs.

1.The Director, (Audit Section) Integrated Child Development, Project Services, Chennai-600 113.

2.The District Collector, Thanjavur District, Collectorate Office, Tanjavur.

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3.The Block Development Officer, Papanasam Block, Thanjavur District.

4.The Project Officer, Child Development Project Office, Papanasam, Thanjavur District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the third respondent dated 20.06.2024 in Na.Ka.No.286-2023 and Para 13 of Audit Report of the first respondent and quash the same and consequently, direct the third respondent to refund the deducted amount to the petitioners. For Petitioners : Mr.R.Narayanan For Respondents : Mr.S.Shaji Bino Special Government Pleader

ORDER

The instant writ petition has been filed by seven Anganwadi workers challenging the order of the fourth respondent (erroneously mentioned as "third respondent" in the prayer) wherein an order of recovery has been issued against them.

2. The perusal of the impugned order passed by the fourth respondent on 20.06.2024 reveals that increment has been granted to all the writ petitioners 2/4

even before completion of one year period from 09.01.2007 onwards. Hence, it is sought to be recovered by the impugned order from the writ petitioners by way of installments.

3. It is the contention of the learned counsel appearing for the writ petitioners that before issuing the recovery order, no notice has been issued to them and they have not been heard before issuance of the impugned recovery order.

4. In view of the aforesaid facts, the order impugned in the writ petition is set aside. The matter is remitted back to the file of the fourth respondent herein. The petitioners are directed to submit their explanation treating the impugned order as a show cause notice within a period of three weeks from the date of receipt of a copy of this order. After considering the explanation submitted by the writ petitioners, the fourth respondent shall pass orders on merits and in accordance with law within a period of four weeks thereafter.

5. With the aforesaid observations, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 14.10.2024 Index : Yes / No Internet : Yes/ No rmi 3/4

R.VIJAYAKUMAR, J.

rmi To 1.The Director, (Audit Section) Integrated Child Development, Project Services, Chennai-600 113.

2.The District Collector, Thanjavur District, Collectorate Office, Tanjavur.

3.The Block Development Officer, Papanasam Block, Thanjavur District.

4.The Project Officer, Child Development Project Office, Papanasam, Thanjavur District.

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