IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
G.Sundaramurthy – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. challenge to post-retirement recovery of alleged excess pay. (Para 1 , 2 , 3 , 4) |
| 2. recovery of excess payment without due process is prohibited. (Para 5 , 7 , 8 , 9 , 10 , 11) |
ORDER
The Writ petition is filed for the following relief:
“ To issue a writ of certiorarified mandamus to call for the records in pursuant to the impugned order issued by the 5th respondent in proceeding NA.KA. No. SA.F.2(1)/ 7644/ 62/2023 CH.GR.PO 3428/ 2023 dated 18.08.2023 and impugned order passed by the 6th respondent in RC. No.Tr/ Payfix / 65/ 2461/ 2023 T.Z.O. No.900/2023 dated 06.11.2023 and quash the same, consequently direct the respondents 1 to 6(i) to restore the pay of the petitioner and to accordingly refix his last drawn pay, (ii) to refix his pension and pay the arrears of pension and (iii) to repay to the petitioner the recovered amount of Rs.3,17,505/-.”
2. The petitioner was appointed as a Grade II Police Constable in the Tamil Nadu Police Department on 20.02.1986 and further was promoted to the post of Sub-Inspector. He had attained superannuation on 28.02.2023 at which point he was working in J9, Thoraipakkam Police Station as Special Sub-inspector of Police.
3. The Petit
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