E.Karuppasamy, v. The Director Of Municipal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2024

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.18384, 18385 of 2018 & 2538 of 2019 E.Karuppasamy : Petitioner Vs.

1.The Director of Municipal Administration, Chepauk, Chennai - 5.

2.The Director of Local Fund Audit, Integrated Complex for Finance Department, Animal Husbandry Hospital Complex, Teynampet, Chennai.

3.The Commissioner, Virudhunagar Municipality, Virudhunagar.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the third 1/5

respondent in proceedings Na.Ka.No.C1/8745/2017 dated 27.08.2018 and quash the same and consequently direct the respondents to restore the original pay fixed as per G.O.Ms.No.338 Finance (Pay Cell) Department dated 26.08.2010 with all consequential service and monetary benefits.

For Petitioner : Ms.M.Padmavathy For Respondents 1&2 : Mrs.D.Farjana Ghoushia Special Government Pleader For Respondent No.3 : Mr.M.Muthugeethayan Standing Counsel

O R D E R

This Writ Petition has been filed challenging the impugned recovery order dated 27.08.2018 passed against the petitioner seeking recovery of the sums mentioned therein from the petitioner on the ground that excess payments were made to him under G.O. (Ms).No.338, Finance (Pay Cell) Department dated 26.08.2010. 2.As seen from the aforementioned Government Order, it is clear that the said Government Order is applicable only to the existing employees. The petitioner is a Turn Cock, who was appointed on 02.04.2013 and G.O.(Ms).No.338, Finance (Pay Cell) Department dated 26.08.2010, clearly states that the said Government Order is not applicable to the petitioner herein, 2/5

however, despite the non-applicability of the said Government Order to the petitioner herein, the respondents by mistake has already granted the benefit of G.O.(Ms).No.338, to the petitioner. The petitioner has also got the benefit of the aforementioned Government Order, which he is not legally entitled to. Therefore, the respondents under the impugned order has rightly sought recovery of the excess payments made to the petitioner by directing the petitioner to pay the same in installments.

3.For the foregoing reasons, this Court does not find any merit in this Writ Petition.

4.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

25.09.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Director of Municipal Administration, Chepauk, Chennai - 5.

2.The Director of Local Fund Audit, Integrated Complex for Finance Department, Animal Husbandry Hospital Complex, Teynampet, Chennai.

3.The Commissioner, Virudhunagar Municipality, Virudhunagar.

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ABDUL QUDDHOSE , J.

MR 25.09.2024 5/5