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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.MARIA CLETE
P. Ganga Parameshwaran (Died) S/o Paabavinasam – Appellant
Versus
Government of Tamil Nadu, Rep. by the Principal Secretary – Respondent
JUDGMENT :
A.D. MARIA CLETE, J.
1. Heard.
2. The original Petitioner is no more. Even at the time of filing of the writ petition, he was aged about 86 years. After his demise, his legal representatives have been brought on record. They were also permitted to amend the prayer in the writ petition accordingly.
3. The original Petitioner was employed in the 4th Respondent college, which is run by the Hindu Religious and Charitable Endowments Department and treated as an aided private college. In the matter of fixation of selection grade pay, an error had crept in while calculating the pay, as a result of which the Petitioner was allowed to draw excess salary. This excess payment was also reckoned for the purpose of pension after his retirement. Upon audit, an objection was raised with respect to the erroneous fixation and the resultant excess payment from the Government exchequer. It is pursuant to this recovery that the original Petitioner approached this Court.
4. The circumstances under which the recovery came to be effected have been set out in the counter affidavit filed by the Respondent, which reads as follows:
“As per revised U.G.C. Scale, pension to the pensioners governed by UGC a
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.
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, or employees who are due to retire within one year of the order of recovery, is impermissible in law.
Recovery of excess pension payments is impermissible under certain conditions, particularly for retired employees.
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