Violation of natural justice in issuing orders affecting the rights of a pensioner and the empowerment of respondents to correct the scale of pay and revision of pension in accordance with the applicable rules and Government orders.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings issued by the 1st respondent in Pro.No.C6/29905/2013 dated 18.12.2014 and quash the same.)

1. The order of recovery issued by the first respondent in proceedings in Pro.No.C6/29905/2013 dated 18.12.2014 is under challenge in the present writ petition.

2. The petitioner was appointed as Junior Assistant in the Salem Corporation on 16.11.1965. He was allowed to retire from service on the ground of Medical Invalidation on 06.11.1995. The terminal and pensionary benefits due to the writ petitioner were settled. The Government issued G.O.Ms.No.363, Finance (PC) Department dated 23.08.2013 for grant of Dearness Allowance as Dearness Pay for the purpose of pension revision pursuant to the orders of the Hon'ble Supreme Court of India. While extending the orders passed by the Hon'ble Supreme Court of India, the Government issued G.O.Ms.No.272, Finance (PC) Department dated 15.06.1998 to those persons, who retired between 01.06.1988 and 31.12.1995.

3. Pursuant to the Government orders, revision of pension was granted in favour of the writ petitioner. Accordingly, the petitioner was receiving the pension. However, without issuing any show cause notice, the impugned order of recovery has been issued by the first respondent in proceedings dated 18.12.2014.

4. The learned counsel for the petitioner reiterated that no opportunity was provided to the writ petitioner even to defend his case.

5. The learned counsel appearing on behalf of the respondents is unable to establish that an opportunity was afforded to the writ petitioner to defend his case. Thus, the impugned order is in violation of the principles of natural justice. Any order, affecting the rights of the pensioner is to be issued only after affording an opportunity as contemplated.

6. In the present case, the petitioner was allowed to retire from service on 06.11.1995 on the ground of Medical Invalidation and the pension was fixed by the establishment as per the Government orders, which was in force. Thus, there was no misrepresentation or otherwise on the part of the writ petitioner. Thus, the respondents are not empowered to recover the excess amount, if any paid to the writ petitioners. However, the respondents are empowered to correct the scale of pay as applicable to the writ petitioner in accordance with the pay rules and Government orders in force.

7. In view of the facts and circumstances, the impugned order passed by the first respondent in proceedings in Pro.No.C6/29905/2013 dated 18.12.2014 is quashed and the respondents are directed to fix the correct scale of pay and revision of pension as applicable to the writ petitioner in accordance with the Government orders in force. However, the excess payment paid to the writ petitioner cannot be recovered.

8. In the event of any revision of pension, the respondents are directed to issue show cause notice to the writ petitioner, setting out the details, enabling the writ petitioner to submit his explanations/objections. Thereafter, the respondents shall decide the revision of pension or otherwise in accordance with the rules and Government orders in force.

9. With this direction, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.