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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
T.S.Sankar – Appellant
Versus
Vice Chancellor Anna University Chennai – Respondent
| Table of Content |
|---|
| 1. filing of writ petition for recovery issues. (Para 1 , 2) |
| 2. details on employment history and deductions. (Para 3) |
| 3. argument on legality of recovery based on case law. (Para 4) |
| 4. defense on recovery based on government regulations. (Para 5) |
| 5. court analysis on legal permissibility of recovery. (Para 6 , 7 , 8) |
| 6. decision to allow the writ petition and set aside recovery. (Para 9) |
ORDER :
R.N.MANJULA, J.
This Writ Petition has been filed under a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in Lr.No.11078/PR3/1994 dated 16.07.2019, quash the same and direct the respondents to repay a sum of Rs. 4,05,298/-(Rupees Four Lakhs Five Thousand Two Hundred and Ninety Eight only) with consequential interest at the rate of 12%, based on the petitioner's representation.
2.Heard, Mr.V.K.Elango, learned counsel for the petitioner, Mr.Meenakshi Sundaram, learned standing counsel for respondents and perused the materials available on record.
3. The petitioner was appointed as a Junior Assistant on 05.04.1989 and reappointed as a Typist on 09.11.1989 at the respondent university. He retired from service on 30.06.2017 upon attaining the age of superannu
The court emphasized that recovery from a retired employee for excess payment without prior notice is impermissible under established legal principles.
Recoveries from retired Group-C employees without prior notice are impermissible under established legal principles, reaffirming the need for due process in excess payment cases.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
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.
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