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2022 Supreme(Mad) 3143

S. M. SUBRAMANIAM
R. Rajesh – Appellant
Versus
Divisional Engineer (C&M), Corporation Roads Division, Chennai – Respondent


Advocates appeared:
For the Petitioner:Hemnath, S. Sivakumar, Advocate. For the Respondents: L.S.M. Hasan Fizal, 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 Certiorari, calling for the records in connection with the impugned order of recovery passed by the first respondent in Se.Mu.Ka.No.90/09/B1, dated 20.01.2015 and to quash the same.)

1. The order of re-fixation and consequential recovery issued by the first respondent in proceedings dated 20.01.2015, is under challenge in the present writ petition.

2. The writ petitioner was appointed as Road Inspector Grade-II on 25.02.2011 in the Highways Department. The Grade Pay was fixed as Rs.2,000/- by the first respondent at the time of appointment of the writ petitioner vide proceedings dated 25.02.2011. The petitioner was receiving the same continuously. Suddenly, the order impugned dated 20.01.2015 was passed stating that there was an audit objection regarding the grant of Grade Pay and accordingly, the pay of the writ petitioner was revised and recovery was imposed in respect of the excess payment of salary to the writ petitioner.

3. The learned counsel for the petitioner mainly contended that neither a show cause notice was issued nor an opportunity was given to th

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