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S. M. SUBRAMANIAM
A. Narasaiah – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the third respondent with regard to the order passed in Letter No.10172/Pension 8/MTC/06 dated 17.02.2007 by which reducing the pension from Rs.3,500/- to Rs.2,000/- and seeking to refund the amount of Rs.54,782/- and quash the same and direct the respondents to grant full pension from the date petitioner retired from service on VRS i.e., from 30.04.1999 by counting the qualifying service for granting pnsion from the date of his first appointment or from the date of enrolment to EPF and to repay the amount of Rs.54,782/- which was recovered from the petitioner with 12% interest per annum.)
1. The order of re-fixation and seeking recovery issued by the third respondent in proceedings dated 17.02.2007, is under challenge in the present writ petition.
2. The petitioner was appointed as Sweeper in the year 1968 and was served about 31 years. The petitioner was initially appointed in the erstwhile Transport Department and subsequently transferred to Transport Corporation and got retired from service th
Recovery of excess payment from a retired employee should not be allowed, especially in the absence of misrepresentation, as it would result in hardship. Any order affecting the right of an employee ....
Recovery of excess payment from a retired employee is impermissible, except in cases of undertaking or misrepresentation.
Erroneous fixation of pay or pension can be corrected, but recovery after retirement causing hardship is not sustainable without evidence of misrepresentation or written undertakings.
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 applic....
The main legal point established in the judgment is the permissibility of the recovery of excess pension from a retired government employee, based on the principles outlined in the State of Punjab & ....
The court emphasized the importance of adhering to principles of natural justice in administrative decisions regarding pension payments.
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