Dismissed

R.Bhagavathi Perumal v. Govt. of Tamil Nadu rep by the

Madras HC24 Jan 2024WP/4382/2018

Case brief

AI extract

What is this about?

Petitioner sought quashing of proceedings returning his revised pension proposal and disbursement of revised pension and terminal benefits. Following an identical batch of matters decided on 08.12.2020, the Court dismissed the petition, clarifying that recovery cannot be imposed from a retired pensioner's pension or pensionary benefits.

What the court decided

AI extract

R.Bhagavathi Perumal Vs Govt. of Tamil Nadu… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.4382 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.01.2024

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CORAM:

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THE HON'BLE MR.JUSTICE BATTU DEVANAND

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W.P.No.4382 of 2018

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R.Bhagavathi Perumal ...Petitioner

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Vs.

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1.Government of Tamil Nadu, Represented by the Secretary, Higher Education (G2 Department), Secretariat, Chennai – 9.

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2.Principal Accountant General, Office of the Principal Accountant General,

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(Accounts & Entitlements) Tanil Nadu, 381, Anna Salai, Chennai – 600 010.

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3.The Director of Collegiate Education, College Road, Chennai – 6.

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4.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli – 627 008.

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5.Arignar Anna College, Represented by its Secretary, Aralvaymoli – 629 301. ... Respondents

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records

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https://www.mhc.tn.gov.in/judis

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W.P.No.4382 of 2018

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pertaining to the proceedings in PEN.25/1.Pt. No.6657/2017-18/5396 dated 05.09.2017 issued by the 2^nd respondent quash the same and direct the 5^th respondent to resubmit the returned revised pension proposal of the petitioner to enable the respondents 1 and 2 to disburse the revised pension and all attendant terminal benefits.

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For Petitioner : Mr.R.Subramanian

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For Respondents : Mrs.C.Sangamithirai Special Government Pleader

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ORDER

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This Writ Petition has been filed seeking to quash the proceedings in

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PEN.25/1.Pt. No.6657/2017-18/5396 dated 05.09.2017 issued by the 2^nd respondent and consequently, direct the 5^th respondent to resubmit the returned revised pension proposal of the petitioner to enable the respondents

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1 and 2 to disburse the revised pension and all attendant terminal benefits.

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The learned counsel for the petitioner submits that the issue involved in this Writ Petition is already decided by this Court by order dated 08.12.2020 in W.P.(MD).Nos.16370 of 2014 and batch and placed a copy of the order before this Court.

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.4382 of 2018

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On perusal of the same, it appears that in an identical issue placed before this Court in several Writ Petitions, after hearing the matters in detail,

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this Court dismissed the said Writ Petition by its order stated supra.

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In our view, the said order is squarely applicable in the present case also. In light of the order of this Court stated supra, this Writ Petition is dismissed following the same order.

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Accordingly, this Writ Petition is dismissed. However, it is made clear that if the petitioner has already retired from service and is a pensioner, then recovery cannot be imposed from their pension or pensionary benefits.

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There shall be no order as to costs.

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24.01.2024

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gba Index : Yes/No Speaking order : Yes/No

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3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.4382 of 2018

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1.State of Tamil Nadu, Represented by its Secretary, Finance (Pension) Department, Fort St.George, Chennai – 600 009.

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2.The Treasury Officer, District Treasury Office, Uthagamandalam, Nilgiri District.

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3.The Sub-Treasury Officer, Connoor.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.4382 of 2018

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BATTU DEVANAND, J.

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GBA

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W.P.No.4382 of 2018

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24.01.2024

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5/5

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https://www.mhc.tn.gov.in/judis

R.Bhagavathi Perumal v. Govt. of Tamil Nadu rep by the

Case brief

What is this about?

What the court decided

R.Bhagavathi Perumal v. Govt. of Tamil Nadu rep by the

Case brief

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