E.Muthiah, v. the Director
Case brief
What is this about?
Writ petition under Article 226 seeking certiorarified mandamus against proceedings Na.Ka. No.1237/2018 dated 23.11.2018 of the Assistant Treasury Officer, Sub Treasury, Tenkasi, revising pension and recovering excess pension from a retired employee. Petitioner E.Muthiah, Village Administrative Officer, Group 'D', retired 30.04.2004; excess pension of Rs.1,82,261/- identified for period 01.03.2011 to 31.10.2018 and ordered recovered from future/family pension. Court applied State of Punjab and others Vs. Rafiq Masiq (White Washer), AIR 2015 SC 696, holding post-retirement recovery iniquitous and impermissible, while preserving the authority's power to re-fix eligible pension after notice. Disposition: partly allowed; recovery set aside; refixation remanded; no costs; connected W.M.P.(MD).Nos.7459 and 14396 of 2019 closed. Bench: K.Rajasekar, J.; decided 19.06.2025. Keywords: pension recovery, excess payment, retired employee, superannuation, refixation of pension, treasuries and accounts department, Rafiq Masih, iniquitous recovery, Madras High Court Madurai Bench.