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M. S. RAMESH
S. Krishnamurthy – Appellant
Versus
Government of Tamil Nadu, Rep. by the Secretary to Government, Finance (Pension) Department, Fort St. George, Chennai – Respondent
ORDER :
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in No.PO1/2/10113978/PPO dated 14.01.2016 and quash the same and direct the respondents to restore the pension and other retirement benefits as existed prior to the issue of the impugned order and grant all consequential benefits.]
1. Heard Mr.P.Mohanraj, learned counsel appearing for the petitioner, Mr.M.Shahjahan, learned Special Government Pleader for the respondents 1, 3 & 4 and Mr.V.Vijayashankar, learned counsel for the second respondent.
2. The petitioner herein retired from his service on 30.06.2010, while serving as an Assistant in the Revenue Divisional Office, Cheyyar. Prior to that, he had served as Karnam in Thiruvannamalai District from 22.10.1972 to 14.11.1980. After the post of Karnam was abolished, he was appointed as a Village Administrative Officer on 11.08.1982. After 6 years from the date of his retirement, the second respondent had passed the impugned order dated 14.01.2016, revising the petitioner's monthly pension from Rs.8,670/- to Rs.8,092/- and
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 ....
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 court emphasized the importance of adhering to principles of natural justice in administrative decisions regarding pension payments.
Recovery of excess payment from a retired employee is impermissible, except in cases of undertaking or misrepresentation.
Recovering excess payments from retirees without misrepresentation violates principles of natural justice.
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 & ....
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