Madras High CourtWP(MD)/29741/2024allowed

S.Vijayalakshmi v. The District Collector

2024-12-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.25073 of 2024 S.Vijayalakshmi .. Petitioner v.

1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai Office, Virudhunagar.

3.The Treasury Officer, District Treasury, Virudhunagar.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records relating to the impugned recovery order in No.Na.Ka.A1/363/24/2023 dated 18.09.2024 passed by the second respondent and quash the same. 1/5

For Petitioner : Mr.N.Ganesh For Respondents : Mr.A.Baskaran, Additional Government Pleader *****

ORDER

The petitioner is a widow. Her husband served as a Village Administrative Officer in the Revenue Department and retired on superannuation on 30.04.2008. The petitioner's husband was also died on 19.11.2022. While so, by the order impugned dated 18.09.2024, the second respondent has passed an order of recovery as against this petitioner stating that her husband was paid with excess house rent allowance and that this excess amount needs to be recovered from the petitioner's pension benefits.

2.When this writ petition is taken up for hearing, learned Counsel for the petitioner, by referring to the order passed by this Court in WP(MD)No. 19290 of 2024, etc., batch, dated 05.12.2024, submitted that in a similar batch of writ petitions, this Court, following the decision of the Hon'ble Supreme 2/5

Court in State of Punjab and Others v. Rafiq Masih (White Washer) [AIR 2015 SC 696], has quashed the impugned orders of recovery. 3.Learned Additional Government Pleader has not refuted this submission made by the petitioner's Counsel.

4.In view of the above position, this writ petition stands allowed, following the order passed in WP(MD)No.19290 of 2024, etc., batch, dated 05.12.2024 and the impugned order of recovery dated 18.09.2024 is set aside.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 10.12.2024 NCC :

Yes / No gk To 1.The District Collector, Virudhunagar District.

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2.The Revenue Divisional Officer, Aruppukottai Office, Virudhunagar.

3.The Treasury Officer, District Treasury, Virudhunagar.

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B.PUGALENDHI, J.

gk 10.12.2024 5/5