Issuance of notices for recovery of excess amount paid to employees is necessary.

The petitioner has sought for a writ of certiorarified mandamus to quash the order of the fifth respondent made in Na. Ka. No. 12/1150/98, dated 13.8.1998, ordering recovery of a sum of Rs. 70,028/- from his gratuity amount and consequently, direct the respondents 4 and 5 to pay the entire gratuity amount legally payable to him with interest at the rate of 18% from the date of the impugned proceedings till the date of payment of entire gratuity amount.

2. Brief facts leading to the writ petition are as follows:

The petitioner has passed the SSLC and ITI Electrician Grade and was appointed to the post of Switch Board Operator (General) in the erstwhile Salem Municipality, which was upgraded into Salem Corporation in year 1996. He retired from the said post on 28.2.1988 on attaining the age of superannuation. The petitioner has filed O.A. No. 4553 of 1991 on the file of the Tamil Nadu State Administrative Tribunal, Chennai for fixation of scale of pay and the Tribunal, on 2.8.1994, passed the following order:

“When the Government had issued General Orders for revision of the pay scales, the Departments in which such categories are employed should have taken action promptly. The Government Order in G.O. Ms. No. 762, Finance (Pay Cell) Department, dated 20.8.1986, does not indicate any date for effect for the revised scales. But delay in taking action should not result in deferring the benefit of revision to the categories eligible. Prima facie, the revision should take effect irrespective of time taken in the administrative procedures from a specified date or from the date of G.O. The reply points out that qualifications for some of the posts in the Municipalities are not the same and persons with lower qualifications are also appointed. If so, the scheme of pay scales could provide for different scales for persons with ITI Qualifications and the benefit of the Government Orders could be given to only those who possess the qualifications specified therein. The Commissioner for Municipal Administration should, therefore, initiate action to obtain orders of the Government, after identifying the categories and posts in all the Municipalities.

If the persons for whom the benefit of the revised scales have been sanctioned, even if, without prior orders of the Government as required, possess the qualifications as specified in the Government Order, Recovery of Payments made, may be held in abeyance, pending further action to obtain Government Orders. As stated already, orders should be issued without delay and should not be limited to prospective benefit only.”

3. Apprehending that the Commissioner of Salem, the fourth respondent, may pass an order of recovery for Rs. 65,000/- from his retirement benefits, the petitioner has filed W.P. No. 5056 of 1998 to forbear the fourth respondent from recovering any amount from his retirement benefits without obtaining necessary orders from the Government. The said writ petition was disposed of on 15.4.1998, with an observation that if any order of recovery is passed, it is open to the petitioner to challenge the same. Subsequently, based on the audit report, for the year 1992-93, the Assistant Commissioner of Corporation, Ammapet Zone, Salem by his order dated 13.8.1998, has re-fixed the salary of the petitioner from April 1986 and directed recovery of Rs. 70,028/- from the gratuity payable to him. Aggrieved by the same, the petitioner has preferred the present writ petition for the relief as stated supra.

4. The Commissioner of Corporation, Salem, the fourth respondent in his counter affidavit has submitted that the fifth pay commission for the Tamil Nadu Government Servants came into effect from 1.6.1988, as per G.O. Ms. No. 666, dated 27.6.1989. As per the above said Government Order, the pay applicable to the petitioner and similar category of the employees, was revised and the arrears of salary was also paid to him. When the payment vouchers were audited by the local fund audit dep