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C. V. KARTHIKEYAN
K. Kandasamy – Appellant
Versus
Tahsildar Taluk Office, Kunnam – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records made in the impugned order of the second respondent in dated 13.01.2017 in a proceeding Na.Ka.No.84/2017/A and QUASH; consequently direct the respondents to refund the recovered pension as excess payment to the petitioner.)
1. The learned counsel for the petitioner is absent. However, even on the earlier hearing date, there was no appearance. 1/7
2. Writ petition has been filed in the nature of a certiorarified mandamus seeking records relating to an order of the second respondent, the Sub Treasury Officer, Kunnam in Perambalur District dated 13.01.2017 in proceedings Na.Ka.No.84/2017/A and quash the same and direct the respondents to refund the recovered pension as excess pension to the petitioner.
3. In the affidavit filed in support of the writ petition, it had been stated that the petitioner had retired as Village Administrative Officer on 31.01.2004. He was drawing pension from the second respondent office. He had been initially appointed as Village Administrative Officer on 12.03.1984 at Vankudi Village, Udayarpalayam, Perambal
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 & ....
Recovery of excess payment from a retired employee is impermissible, except in cases of undertaking or misrepresentation.
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 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 an employee's pensionary benefits is impermissible if such payments were made more than five years prior to the recovery order or were made without the employee's faul....
Recovery of excess salary payments from terminal benefits of retired employees is impermissible in the absence of fraud or misrepresentation on the part of the employee.
Recovery of excess payment from retired employees and the impermissible situations for recovery.
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