High Court · 2025

WP No. 47289 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-12-2025CORAMTHE HONOURABLE MR JUSTICE M.DHANDAPANIWP No. 47289 of 2025andWMP Nos. 52806 and 52805 of 2025T.NatarajanPetitioner(s)Vs1. State of Tamil Nadurep by its SecretaryFinance (Pension) Department Fort St. George, Chennai 600 0092.State of Tamil Nadu rep. by its SecretaryRural Development and Panchayat Raj Department, Chennai 600 0093.CommissionerRural Development and Panchayat Raj Panagal Maaligai, Saidapet, Chennai 600 0154.The Accountant General (A & E)No. 361, Anna Salai Teynampet , Chennai 600 0155.District Collector (Rural Development)Collectorate Compound Pudukottai 622 0056.The Block Development OfficerRural Development Panchayat union, Arimalam, Pudukottai District7.The District Treasury officerNamakkal 637 001Respondent(s)1 https://www.mhc.tn.gov.in/judis WP No. 47289 of 2025PRAYER Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the District Treasury officer, Namakakl dated 30.06.2025 in Na.Ka. no 5069 / 2024 / B1 and quash the same and thereby directing the respondents to re fix pension based on last pay drawn along with arrears of pension DCRG and Terminal Leave Salary with 18 percent interest until the date of payment.For Petitioner(s):Mr.A.R.NixonFor Respondents: Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader for R1 to R3, R5 & R7Mr.M.Bindran, Additional Government Pleader for R6Mr.Mano Rajan for R4ORDERMr.R.U.Dinesh Raj Kumar, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 3, 5 & 7 and Mr. M.Bindran, learned Additional Government Pleader takes notice on behalf of the 6th respondent.2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.3.This writ petition has been filed challenging the impugned order dated 30.06.2025 passed by the District Treasury Officer, Namakkal, the 7th respondent herein.2 https://www.mhc.tn.gov.in/judis WP No. 47289 of 20254.The case of the petitioner is that he was initially appointed as Rural Welfare Officer Grade-II and rendered unblemished service for 36 years, 2 months, and 5 days. He was due to retire on 30.06.2016. However, on the verge of retirement, the petitioner was not permitted to retire, due to the pendency of charges under Rule 17(b). Subsequently, the petitioner was exonerated of all charges in the year 2018. Since the petitioner was not permitted to retire on 30.06.2016, he was sanctioned provisional pension at Rs.6,555/- per month plus dearness allowance and medical expenses from 01.07.2016 until 31.07.2024, vide order dated 31.07.2024. On 27.10.2023, the Block Development Officer, the 6th respondent herein, forwarded the regular pension proposal to Accountant General, the 4th respondent herein, based on last pay drawn. However, the 4th respondent returned the proposal with objections, stating that the service register was not properly maintained. The 4th respondent authorised only minimum pension and further stated that excess salary amounting to Rs.2,60,821/- had been paid to the petitioner for the period from 01.01.2007 to 30.06.2016 and recommended recovery of the said amount from the petitioner’s DCRG, based on the recommendation of the 6th respondent. Consequently, the petitioner was compelled to deposit the said amount on 31.01.2025. On 30.06.2025, the 7th respondent sent a letter along with calculation sheet stating that a sum of Rs.7,33,012/- had been paid as excess salary towards provisional pension, and on that ground, the respondents 3 https://www.mhc.tn.gov.in/judis WP No. 47289 of 2025refused to sanction regular pension. Challenging the same, the present writ petition has been filed.5.The learned counsel for the petitioner would submit that the present impugned order was passed without issuing any notice to the petitioner. Therefore, the impugned order is perverse and in violation of principles of natural justice and on this sole ground, the present writ petition has been filed.6.The learned Additional Government Pleader appearing for the respondents 1 to 3, 5 & 7 would submit that it is an admitted fact that the petitioner was not allowed to retire due to the pendency of charges under Rule 17(b). However, the petitioner was exonerated of all the charges in the year 2018. In the meanwhile, the petitioner was paid excess amounts, which are liable to be recovered by the 4th respondent herein. Hence the order passed by the 7th respondent does not warrant any interference by tis Court. Accordingly, he prayed for dismissal of the petition.7.Heard the learned counsel on either side and perused the materials available on record.8. The facts of the present case are not in dispute. It is an admitted fact that the petitioner entered into service as Rural Welfare Officer Grade-II. On the verge of retirement, a charge memo was issued to the petitioner under Rule 4 https://www.mhc.tn.gov.in/judis WP No. 47289 of 202517(b) relating to unauthorised absence and he was placed under suspension. Susbequently, the petitioner was exonerated of all the charges in the year 2018. Between 2016 and 2024, excess salary was paid to the petitioner and the same is sought to be recovered from the petitioner. On perusal of the impugned order, before passing the impugned order, no show cause notice was issued to the petitioner. On this sole ground, the impugned order passed by the 7th respondent is liable to be set aside.9.Accordingly, the impugned order dcated 30.06.2025 passed by the the District Treasury Officer, the 7th respondent herein is hereby setaside and the matter is remanded back to the Accountant Geneal (A & E), the 4th respondent herein. The 4th respondent is dircted to issue a show-cause notice to the petitioner, conduct an enquiry and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order.10. With the above observations, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.10-12-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nouma5 https://www.mhc.tn.gov.in/judis WP No. 47289 of 2025To1.The SecretaryFinance (Pension) Department Fort St. George, Chennai 600 0092.The SecretaryRural Development and Panchayat Raj Department, Chennai 600 0093.CommissionerRural Development and Panchayat Raj Panagal Maaligai, Saidapet,Chennai 600 0154.The Accountant General (A & E)No.361, Anna Salai, Teynampet , Chennai 600 0155.District Collector (Rural Development)Collectorate Compund, Pudukottai 622 0056.The Block Development OfficerRural Development Panchayat Union, Arimalam, Pudukottai District7.The District Treasury OfficerNamakkal- 637 0016 https://www.mhc.tn.gov.in/judis WP No. 47289 of 2025M.DHANDAPANI J. umaWP No. 47289 of 2025AND WMP NO. 52806 OF 2025,WMP NO. 52805 OF 202510-12-20257