IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
The Accountant General of Tamil Nadu – Appellant
Versus
S.Raja Mohamed – Respondent
J U D G M E N T
[Made by S. M. SUBRAMANIAM, J.,]
The present writ appeal has been instituted challenging the writ order dated 03.09.2021 in W.P.No.19401 of 2008.
2. The Accountant General of Tamil Nadu preferred the present intra-Court appeal mainly on the ground that a wrong fixation of pay made can be corrected by the authorities at any point of time on identification or during the course of audit.
3. In the present case, fixation of pay admissible to the first respondent was erroneously fixed and at the time of settling the terminal benefits to the first respondent, the Accountant General of Tamil Nadu found that the fixation made was not in accordance with Pay Rules and the Government Orders in force. Thus, an order of re-fixation and consequential recovery order was passed. The said order came to be challenged by the first respondent by way of a writ petition.
4. The writ Court, initially set aside the order with a direction to the authorities to issue a show cause notice, afford opportunity and thereafter take a decision. In compliance with the directions issued by this Court, a show cause notice was issued to the first respondent by the Department. On receipt
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