S.Susairaj, 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.18382, 18383 of 2018 & 2537 of 2019 S.Susairaj : 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 1/6

records in pursuant to the impugned order issued by the third 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 issued by the third respondent seeking to recover the alleged excess payments made. 2.The petitioner has challenged the impugned order on the ground that no excess payments were made to him as claimed by the respondents in the impugned order and therefore, the recovery order is bad in law and is not enforceable.

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3.Admittedly, the post of Turn Cock falls under the category of Other Trade Posts as per G.O.(Ms).No.338, Finance (Pay Cell) Department dated 26.08.2010. The petitioner is entitled for Grade Pay of 5,200 - 20,200 + G.P.1,900. However, under the impugned order, by total non-application of mind to the fact that the petitioner is entitled to receive the aforementioned pay as per the aforementioned Government Order, the respondents have claimed that excess payments were made to the petitioner on the ground that the grade pay fixed for the petitioner earlier at 5,200 - 20,200 + G.P. 1,900 is erroneous. However, as seen from G.O.(Ms).No.338, it is clear that the petitioner is entitled to receive the Grade Pay of 5,200 - 20,200 + G.P.1,900.

4.This Court is of the considered view that by total nonapplication of mind to the said fact, the impugned recovery order has been issued to the petitioner as no excess payments were made earlier by the respondents to the petitioner. Accordingly, the impugned recovery order dated 27.08.2018 is hereby quashed. 3/6

5.Accordingly, this Writ Petition stands allowed. 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 4/6

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 6/6