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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
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 superannuation. On 11.05.2018, the petitioner's grade pay was reduced, and consequently, a sum of Rs. 1,86,195/- was recovered from the terminal benefits payable to him, citing it as an excess payment. An order to that effect was passed by the 2nd respondent on 11.05.2018 without giving any prior notice to the petitioner.Despite the petitioner has made several representations to the respondents stating that
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.
Recovery from retired employees is impermissible when excess payments are not due to misrepresentation or fraud.
Recovery of excess payments from retired employees is impermissible under certain conditions, particularly relating to Class III and IV service classifications and time limits for recovery.
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