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2019 Supreme(Mad) 1054

S.M.SUBRAMANIAM
Subburaj – Appellant
Versus
Accountant General, Government of Tamil Nadu, Chennai – Respondent


Advocates Appeared:
For the Petitioner:RM. Arun Swaminathan, Advocate.
For the Respondent:P. Gunasekarn, Advocate, C. Ramar, Additional Government Pleader.

JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.Nil/2015 dated 15.10.2015 and quash the same as illegal and consequently, direct the second respondent to refund the deducted payment in the month of October, 2015 for a sum of Rs.6,152/- to the petitioner.)

The order of recovery dated 15.10.2015 issued by the second respondent is sought to be quashed.

2. The writ petitioner was holding the post of Headmaster at Panchayat Union Primary School at Permalpatti, Peraiyur Taluk, Madurai District and retired from service on 30.09.1996. The fixation of pay as well as the pension was granted to the writ petitioner at the instance of the establishment of the respondent Department. However, audit objections were raised in respect of the fixation of pay as well as the pension and consequently, the impugned order of recovery was issued to recover the excess salary/pension already paid to the writ petitioner, in violation of the pay rules and the Government Orders in force.

3. The learned counsel a









































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