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ABDUL QUDDHOSE
Kathamuthu – Appellant
Versus
Accountant General (A & E) – Respondent
ORDER :
Abdul Quddhose, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records of the impugned order in Na.Ka.No.20296/E/2016 dated 23.09.2016 passed by the third respondent at the instance of the first respondent and quash the same and consequently directing the respondents to grant pension (PPO No.C182842/EDG) to the petitioner without any recovery.
This Writ Petition has been filed by a Head Master challenging the impugned order dated 23.09.2016, passed by the third respondent, calling upon the petitioner to pay a sum of Rs.7,40,232/-, on account of the alleged excess payments made to him towards pension.
2.The alleged excess payments made to the petitioner pertains to the period from 01.01.2007 to 31.08.2016. The petitioner retired from service on 31.05.2006 itself.
3.Learned Counsel for the petitioner would submit that the impugned order passed by the third respondent is illegal and as such, recovery cannot be made after long number of years from the date of the petitioner's retirement. He would also submit that the petitioner is presently aged more than 75 years. In support of his submis
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Recovery of excess payment from retired employees and the impermissible situations for recovery.
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
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