Petitioner challenged an order requiring recovery of excess salary after his promotion was found irregular. Court noted petitioner had retired before the writ disposal and the earlier interim order regarding recovery restriction became absolute before retirement. Petition closed.
Writ petition and connected miscellaneous petitions were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 22.06.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
Writ Petition No.37493 of 2003
and
WMP Nos.1984 of 2004 and 45530 of 2003
M.Ramasamy ... Petitioner
Versus
Tuticorin.
Prayer: Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents particularly that of the 2nd respondent dated 21.10.2003 and quash the same as illegal, unlawful, without jurisdiction and opposed to all canons of natural justice and consequently forbear the respondents from in any manner disturbing the petitioner from executing functions as clerk in the office of the 2nd respondent and drawing salary.
For Petitioner : Mr.T.S.Rajamohan
For Respondents : Mr. P.S.Sivashanmuga Sundaram
The petitioner was promoted to the post of Clerk and was discharging his duties. While so, the impugned resolution dated 21.10.2003 was passed by the second respondent stating that the promotion given to the petitioner was irregular and therefore ordered to recover the excess amount paid to him. Challenging the same, the present writ petition has been filed by the petitioner.
Sd/Assistant Registrar(J) //True Copy// Sub Assistant Registrar arr/rsh To 1. The Joint Registrar of Co-operative Societies, Tuticorin. 2. The Special Officer EE 429 Authinathapuram Primary Agricultural Co-operative Bank, Alwar Thirunagari, Tuticorin,
+1cc to Mr.T.S.Rajamohan, Advocate, S.R.No.35115 +1cc to the Government Pleader, S.R.No.34910
Writ Petition No.37493 of 2003 AK(CO) CA(14/07/2016)
2 issues framed by the court
Whether an impugned resolution ordering recovery of excess salary after the petitioner has retired can be sustained.
Whether the interim order granted during pendency should be modified or closed upon retirement.
1 provisions across 1 enactments
M. Ramasamy
The Joint Registrar of Co-operative Societies, Tuticorin
EE 429 Authinathapuram Primary Agricultural Co-operative Bank
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
