C.Sivanantham v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.17969 of 2017 C.Sivanantham ... Petitioner /Vs./ 1.The Principal Secretary To Government, School Education Department, St.George Fort, Chennai.
2.The Director of Elementary Education, Office of Director of Elementary Education, D.P.I Campus, Collage Road, Chennai 600 006.
3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.
4.The Assistant Elementary Educational Officer, Sengottai, Tirunelveli District.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the 1/4
impugned proceedings in Na.Ka.No.862 / Aa / 2017 dated 27.10.2017 passed by the 4th respondent and quash the same. For Petitioner : Mr.R.Gowrishankar For Respondents : Mr.T.Amjad Khan Government Advocate
ORDER
This writ petition has been filed challenging the impugned recovery order dated 27.10.2017 passed by the fourth respondent.
2. Under the impugned order, the fourth respondent is seeking to recover the excess payments made to the petitioner towards incentive increments paid to him on account of his B.Ed., qualification. The petitioner has challenged the same on the ground that the impugned recovery order is bad in law, as the said recovery cannot be made, when any increment has already been granted to the petitioner.
3. The issue raised in this writ petition is covered by the Division Bench judgment of this Court dated 15.02.2024 passed in WA.No.499 of 2/4
2024 in the case of The District Elementary Educational Officer, Kanchipuram District, Kanchipuram and Another vs. V.Prabaavathy, wherein it has been held following the decision of the Hon'ble Supreme Court in the case of State of Punjab and Others vs. Rafiq Masih (White Washer) reported in 2015 (4) SCC 334, that the impugned recovery order is unsustainable. In that decision as well, a similar situation arose and the Division Bench of this Court had quashed a similar impugned recovery order.
4. In view of the settled law, the impugned order dated 27.10.2017 passed by the fourth respondent has to be necessarily quashed and accordingly, the impugned recovery order dated 27.10.2017 passed by the fourth respondent is hereby quashed and this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 17.10.2024 Index : Yes / No NCC : Yes / No Sm 3/4
ABDUL QUDDHOSE, J.
Sm TO:
1.The Principal Secretary To Government, School Education Department, St.George Fort, Chennai.
2.The Director of Elementary Education, Office of Director of Elementary Education, D.P.I Campus, Collage Road, Chennai 600 006.
3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.
4.The Assistant Elementary Educational Officer, Sengottai, Tirunelveli District.
Order made in Dated:
17.10.2024 4/4