Writ petition filed by a pensioner to quash an order refixing his pension and ordering recovery without prior notice. The High Court set aside the order for procedural unfairness and allowed the petition.
Impugned order of refixing pension and recovery is set aside; respondents directed to follow due process.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 07.03.2018
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.216 of 2018 and WMP(MD)No.217 of 2018
Sivanesan ... Petitioner
Vs.
1.Union of India, New Delhi, By its Principal Secretary, Human Resources Department, New Delhi.
2.The National Institute of Technology, Tiruchirappalli, By its Director, National Institute of Technology, Trichy – 15.
3.The Registrar, National Institute of Technology, Trichy – 15. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the third respondent proceedings G1/Pension/2016-17 dated 24.01.2017 and quash the same as illegal and forbearing the respondents from recovering the amount from the monthly pension of the petitioner.
For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.P.Dharmaraj for R1
Mrs.J.Maria Roseline for Mr.Sri Balaji for R3
No appearance for R2
ORDER
The petitioner is a pensioner. He was employed in Regional https://hcservices.ecourts.gov.in/hcservices/ Engineering College of Technology, Trichy. It is now known as National Institute of Technology, Trichy. By the impugned order,
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the petitioner's pension has been refixed and an order of recovery has also made.
2.A mere look at the impugned order would show that the petitioner was not put on notice prior to such adverse re-fixation and recovery. On this ground, the impugned order is set aside. It is of course open to the respondents to follow the due process of law and pass orders afresh, if so advised. This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
+1CC TO Mrs.J.Maria Roseline, Advocate, Sr No.53384 +1CC TO Mr.S.Muthukrishnan, Advocate, Sr No.54238
W.P(MD)No.216 of 2018 07.03.2018
skm
MS/PM-PN/SAR.4/09.03.2018/2P.3C
2 issues framed by the court
Whether a writ of certiorari can be issued to quash an impugned order of refixing pension and recovery due to lack of prior notice?
Whether the impugned order is liable to be set aside for violation of due process?
1 provisions across 1 enactments
Sivanesan
Union of India
National Institute of Technology, Tiruchirappalli
The Registrar, National Institute of Technology, Trichy
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
