Madras High CourtWP(MD)/23369/2019disposed of

A.Rengasamy v. The Regional Joint Director Of Treasuries And Accounts

2022-03-02Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.23369 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.23369 of 2019 and W.M.P.(MD) Nos.20027 of 2019 & 1116 of 2020 A.Rengasamy ... Petitioner -vs1.The Regional Joint Director of Treasuries and Accounts, Old Collectorate Campus, Trichy-620 001.

2.The Sub Treasury Officer, Sub Treasury Office, Veppanthattai, Perambalur District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the for the records pertaining to the impugned audit objections of the 1st respondent in No.Nil, dated Nil and the consequential recovery order of the 2nd respondent in Pa.Ve.237/2019/A1 dated 27.08.2019 and quash the same.

For Petitioner :

Mr.M.Saravanan For Respondents :

Mr.M.Ramesh, Government Advocate ******

O R D E R

The order of recovery dated 27.08.2019 is under challenge in the present writ petition.

2.Even at the time of filing of the present writ petition, the petitioner was aged about 91 years and it is brought to the notice of this Court that the petitioner died. However, the learned Government Advocate made a submission that family pension has already been settled in favour of the spouse of the writ petitioner and they have not recovered any amount.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.23369 of 2019 3.In view of the said submission, this Court made it clear that the excess amount of recovery, as per the order impugned, cannot be recovered from the family pension, which has already been granted to the spouse of the writ petitioner. In this view of the matter, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CSII) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To 1.The Regional Joint Director of Treasuries and Accounts, Old Collectorate Campus, Trichy-620 001.

2.The Sub Treasury Officer, Sub Treasury Office, Veppanthattai, Perambalur District.

+1 CC to M/s.SPL GP ( SR-9754[F] dated 03/03/2022 ) +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-9796[F] dated 03/03/2022 ) ORDER MADE IN W.P.(MD) No.23369 of 2019 02.03.2022 KVL/12.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2