The court upheld the right of the petitioner to challenge salary recovery orders, requiring a review of objections raised.

ORDER

This Writ Petition has been filed challenging the impugned order issued by the 6^th respondent dated 27.10.2023 and the 2^nd respondent dated 16.02.2024, ordering to implement the audit objection raised and to recover the alleged excess amount paid to the petitioner, quash the same and further direct the respondents herein to continue to pay salary which the petitioner is drawing with all attendant benefits.

2. The learned counsel appearing for the petitioner would submit that the

4^th respondent appointed the petitioner as a Secondary Grade Teacher on 13.03.2023 in Government High School, E.Keeranur, Cuddalore District and subsequently, he was transferred to the 7^th respondent School vide orders of the 4^th respondent dated 16.07.1998. He would further submit that the pay scale of the petitioner was revised with effect from 01.01.2006 notionally, with monetary benefits from 01.01.2007 based on the Tamil Nadu Revised Scales of Pay Rules, 2009, which came into force vide GO.(Ms).No.234 Finance (Pay Cell) Department dated 01.06.2009 thereafter, the 4^th respondent awarded selection grade to the petitioner on 18.03.2008 on completion of the 10 years, since the petitioner not granted any promotion and thereafter, on 01.06.2009, the Government vide G.O.Ms.No.234 dated 01.06.2009 revised the scales of pay on the revised notionally 01.06.2006 with monetary benefits from 01.01.2006. Thereafter, the petitioner transferred to 6^th respondent School by the 4^th respondent on 31.05.2017.

3. Again, the 6^th respondent vide order dated 27.01.2018, re-fixed the pay scale level at the level of Secondary Grade Teacher along with increments with effect from 01.01.2006 thereafter, the petitioner’s service as BT Assistant (Tamil) with effect from 01.08.2012 was regularised in the year 2023 and again the petitioner was awarded selection grade in the cadre of BT Assistant with effect from 01.08.2022 by the 5^th respondent vide order dated 28.03.2023.

However, the 6^th respondent without conducting any enquiry vide proceedings dated 27.10.2023 informed the petitioner to pay Rs.7,45,620/- on the basis of the audit objection. Challenging the same, the present writ petition is filed.

4. The learned counsel for the petitioner would submit that pursuant to the audit objection, the order was passed by the 3^rd respondent and the same was implemented by the 6^th respondent vide impugned order dated 21.10.2023 and hence, this Court may directed the petitioner to make objection before the 3^rd respondent within a specified time as fixed by this Court with regard to the refund of Rs.7,45,620/- and re-fixation of the petitioner’s pay scale.

5. The learned Special Government Pleader appearing for the respondent would submit that without interfering the re-fixation order, this Court may grant liberty to the petitioner make objection before the 3^rd respondent with regard to refund of Rs.7,45,620/- and on receipt of such objection, the respondent will consider and pass appropriate orders.

6. In view of the same, the petitioner is granted to make objection before the 3^rd respondent with regard to refund of Rs.7,45,620/- within a period of two weeks from the date of receipt of a copy of this order. If any such objection is made, the 3^rd respondent is directed to consider the same and pass appropriate, within period of twelve weeks, thereafter.

7. This Writ Petitions is disposed of with the above directions. No costs.