G.George Jeyaraj v. The Treasury Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22145 of 2025 and W.M.P.(MD) No.17231 & 17233 of 2025 G.George Jeyaraj : Petitioner Vs.
1. The Treasury Officer, O/o the Treasury Office, Palayamkottai, Tirunelveli District.
2. The Assistant Tresury Officer, O/o the Assistant Treasury Office, Opp to Government Hospital, Ambasamudram, Tirunelveli District.
3. The Block Medical Officer, O/o. The Block Medical Office, Government Primary Health Centre, Thirukkurungudi, Tirunelvelil District.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to the impugned order passed by the 2nd respondent vide his proceedings in 1/6
Na.Ka. No. 59/2017/A1 dt. 25.07.2025 and the consequential impugned order passed by the 2nd respondent vide his proceedings in Na.Ka. No. 59/2017/A1 dt. 28.07.2025 and quash the same as illegal. For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.R.A.Ramachandhran Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned order passed by the 2nd respondent in Na.Ka. No. 59/2017/A1 dt. 25.07.2025 and the consequential impugned order passed by the 2nd respondent in Na.Ka. No. 59/2017/A1 dt. 28.07.2025.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was initially appointed as Health Inspector at Government Primary Health Centre in Dharmapuri District and he was promoted as Block Health Supervisor and retired on 30.04.2003. While 2/6
this being so, the Government issued the government Order in G.O.Ms.No.297, Finance (Pay Cell) Department, dated 26.08.2010 revising the scale of pay of Block Health Supervisor. Pursuant to the same, the petitioner's pay scale was also revised. While the petitioner has been receiving the revised pension as per the revised pay scale, an order has been passed reducing the pension amount. Thereafter, the petitioner came before this Court. After several litigations before this Court, the third respondent now passed the impugned order dated 25.07.2025 revising the petitioner's pay stating that revision of pension should be restricted to the next level promotion as per the government order and the third respondent also passed subsequent order dated 28.07.2025 ordering recovery in installments. The said orders are under challenge in this writ petition.
4. The learned counsel appearing for the petitioner submits that though the impugned orders refer to the notices dated 25.04.2025 and 18.06.2025, the petitioner did not receive any such notices and hence, the impugned orders have been passed without even affording an opportunity of hearing to the petitioner, which is violation of principles of natural justice.
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5. The learned Additional Government Pleader appearing for the respondents would fairly concede that without any details or explanation, the present impugned orders have been passed and therefore, the impugned orders are non speaking orders and hence, this Court may set aside the impugned orders and may issue a direction to the second respondent to issue show cause notice to the petitioner and pass orders in accordance with law, after considering the explanation submitted by the petitioner.
6. Even on perusal of the impugned orders, no reasons have been assigned for recovery. Though the respondents claimed that they have issued notices, no show cause notices have been received by the petitioner. Without even providing an opportunity to the petitioner, now passing the present impugned orders are in violation of principles of natural justice.
7. In view of the above and also considering the submission made by the learned Additional Government Pleader appearing for the respondents, the impugned orders dated 25.07,2025 and 28.07.2025 are set aside and the matter is remanded back to the second respondent for 4/6
fresh consideration and the second respondent is directed to pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13.08.2025 Index : Yes / No NCC : Yes / No Sm To:-
1. The Treasury Officer, O/o the Treasury Office, Palayamkottai, Tirunelveli District.
2. The Assistant Tresury Officer, O/o the Assistant Treasury Office, Opp to Government Hospital, Ambasamudram, Tirunelveli District.
3. The Block Medical Officer, O/o. The Block Medical Office, Government Primary Health Centre, Thirukkurungudi, Tirunelvelil District.
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M.DHANDAPANI, J.
Sm W.P.(MD) No.22145 of 2025 13.08.2025 6/6