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BATTU DEVANAND
R. Keasavan Kutty Nair – Appellant
Versus
State of Tamil Nadu, Rep. , by its Principal Secretary, Finance Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, forbearing the respondents from recovering any amount from the retirement benefit of the petitioner and consequentially to direct the fourth and fifth respondents to repay the recovered amount from the retirement benefit of the petitioner within the period that may be stipulated by this Court.)
1. This writ petition has been filed seeking Writ of Mandamus forbearing the respondents from recovering any amount from the retirement benefits of the petitioner and for a consequential direction to Respondents No.4 and 5 to repay the recovered amount from the retirement benefit of the petitioner in the interests of justice.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
3. It appears that this writ petition was listed ''for admission'' first time on 09.09.2016. On that day, one Mr.S.Chandrasekar, learned Government Advocate, took notice for the respondents and it was adjourned for four weeks for filing counter. Thereafter, this case was not listed till 03.07
The main legal point established in the judgment is that reducing pension and ordering recovery without following principles of natural justice is illegal and arbitrary.
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....
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 ....
Point of Law : Retirement of service - If any mistake committed by the department in making pay fixation of an employee is rectified after the retirement of an employee withdrawing the benefit which ....
A petitioner is estopped from re-agitating an issue, such as pay re-fixation, in a subsequent petition if they had previously conceded to that specific issue in earlier legal proceedings to secure a ....
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