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S.M.SUBRAMANIAM
S. Mariappan – Appellant
Versus
State of Tamil Nadu, represented by its Secretary, Rural Development Department – Respondent


Advocates Appeared:
For the Petitioner: Mr.P.Kalayarasi Bharathi
For the Respondents: Mr.P.Mahendran

ORDER :

The order of recovery issued by the third respondent in proceeding, dated 28.07.2014, to recover the excess Pay Commission arrears paid to the writ petitioner is under Challenge in the present writ petitions.

2. The writ petitioner was initially appointed as Panchayat Clerk and thereafter promoted as Panchayat Secretary. The contentions of the writ petitioner is that the Government issued G.O.(Ms.)No.191, Finance (Pay Cell) Department, dated 29.04.1998 and issued orders revising the pay of the employees on Consolidated Pay/Honorarium/Fixed Pay be allowed to increase the remuneration subject to a minimum benefit of Rs.50/- per annum. After adjusting the three installment of the interim relief and as such the employees of the Panchayat were also paid arrears from 01.01.1996.

3. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is also eligible to avail benefits granted in G.O.(Ms.)No.191, dated 29.04.1998. The benefits granted in G.O. (Ms.)No.191 was sanctioned and disbursed to the writ petitioner by the Panchayat. Subsequently, there was an Audit objection on the ground that the said G.O.(Ms.)No.191, Finance (Pay Cell) Department, da

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