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L. VICTORIA GOWRI
P. Radhakrishnan, Thanjavur – Appellant
Versus
State Government of Tamil Nadu, Represented through its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the orders passed in D.O.No.1184/2018 in C.No.S2/41661/2017, dated 29.10.2018 and subsequent order of regulation of pay and order of recovery in C.No.D2/ACR-188/2018, dated 16.09.2019 and quash the same, further direct the respondents to repay the recovered sum of Rs.1,58,715/- (One Lakh Fifty Eight Thousand Seven Hundred and Fifteen Only) with 18% interest and further refix the petitioner''s pension with increment notionally from 01.10.2018 as Rs.54,100/- and revise the petitioner''s pension.)
1. The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned orders passed in D.O.No.1184/2018 in C.No.S2/41661/2017, dated 29.10.2018 and subsequent order of regulation of pay and order of recovery in C.No.D2/ACR-188/2018, dated 16.09.2019 passed by the fourth respondent and further direct the respondents to repay the recovered sum of Rs.1,58,715/- (One Lakh Fifty Eight Thousand Seven Hundred and Fifteen Only) with 18% interest and further refix the petitioner''s pe
The cancellation of the government letter dated 24.08.2007 rendered the impugned orders non-est in the eye of law, leading to the quashing of the orders and the direction for repayment and pension re....
The cancellation of the government letter and the application of FR 22(1) a(i) and FR 22-B in fixing pay for police personnel were central to the court's decision.
The impugned order of regulation/revision of pay, based on a cancelled government letter, was non-est in the eye of law, and the court directed the respondents to refix the petitioner's pay and revis....
The cancellation of the government letter led to the non-est status of the regulation of pay, influencing the court's decision to quash the impugned orders and direct repayment with interest.
The central legal point established in the judgment is the application of the Government Letter dated 24.08.2007, its subsequent cancellation, and the non-est nature of the impugned orders based on t....
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.
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....
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