, holding that recovery of excess payments from retired employees is impermissible in law based on Supreme Court principles. The order demanding recovery was quashed as unsustainable and arbitrary under Article 226 of the Constitution.
The impugned order dated 02.06.2004 is quashed and the writ petition is allowed. No order as to costs.
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
Dated: 21.02.2019
C O R A M
The Honourable Mr.JUSTICE M.S.RAMESH
W.P.No.18887 of 2004
& WPMP No.22638 2004 & WVMP.No.3 of 2015
S.Veeranan .. Petitioner
Vs.
1.The State of Tamilnadu,
rep. by the Secretary to Government,
Social Welfare Department,
Fort st. George,
Chenani-600 009.
2.The Special Commissioner & Director
of Most Backward Classes & Denotified
Communities Welfare,
Chepuak,
Chennai-600 005.
3.The Special Deputy Collector,
Kallar Reclamation,
Madurai-20
4.The Headmaster,
Government Kaller Reclamation,
Higher Secondary School,
Papapatti,
Madurai District .. Respondents
Petition filed under Article 226 of Constitution of India for the issuance of a Writ of certiorari to call for the records on the file of the Headmaster, Government Kallar Higher Secondary School, Pappapatti, the fourth respondent herein in its Proceedings No.Na.Ka.H18/01/04/04 dated 02.06.2004 and quash the same as illegal, arbitrary unreasonable being violative of the rules and regulations of the respondents and principles of natural justice.
For Petitioner : Mr.A.R.Suresh
For Respondents : Mr.S.Suresh Kumar, GA.
O R D E R
The order impugned in the present writ petition is for recovery of the excess salary paid to the petitioner herein during his service.
I. Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service) .
II. Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.
III. Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
IV. Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
V. In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
dn
To
1.The State of Tamilnadu,
rep. by the Secretary to Government,
Social Welfare Department,
Fort st. George,
Chenani-600 009.
2.The Special Commissioner & Director
of Most Backward Classes & Denotified
Communities Welfare,
Chepuak, Chennai-600 005.
3.The Special Deputy Collector,
Kallar Reclamation, Madurai-20
4.The Headmaster,
Government Kaller Reclamation,
Higher Secondary School,
Papapatti, Madurai District
+1 cc to The Government Pleader, Sr.No.16625
W.P.No.18887 of 2004 PA(CO) CSL/29.03.2019
3 issues framed by the court
Whether an order for recovery of excess salary passed after the petitioner's retirement is sustainable under the Supreme Court's principles.
Whether recovery of excess payment from a retired employee falls within impermissible categories of recovery.
Whether the impugned order is arbitrary, unreasonable, and violative of natural justice principles laid down by the Supreme Court.
Colour shows how this judgement treated each authority
State of Punjab and others Vs. Rafiq Masih (White Washer) and OthersFollowed¶16
(2015) 4 Supreme Court Cases 334
2 provisions across 2 enactments
S. Veeranan
The State of Tamilnadu
M. S. Ramesh
Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
