1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9479 of 2011 And M.P.(MD).No. 1 of 2011 R.Mani ... Petitioner -Vs- 1. The Government of Tamil Nadu Rep. by its Secretary to the Government School Education Department Fort St. George Chennai - 9 2. The Principal Accountant General Tamil Nadu & Pondicherry Branch Office A.G.'s Avenue, First Floor Press Colony Madurai - 625 007 3. The District Elementary Educational Officer Government Boys Higher Secondary School Campus Opposite to Rathina Theatre, Tirunelveli 4. The Assistant Elementary Educational Officer 2/38, C, Main Road, Papakudi Tirunelveli District 5. Hindu Middle School Harikesava Nallur Ambasamuthiram Tirunelveli District Rep. by its Secretary ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records relating to the orders passed the second respondent dated 18.07.2011 in No.PAG (CA) / MDU/ISC-II/1697/09- 10/252 and the fourth respondent dated 26.11.2010 and 29.07.2011 in Na.Ka.No. 781/m1/2009 and Na.Ka.No.781/m1/2010 respectively and quash the same. **** For Petitioner : Mr.N.Dilip Kumar For RR 1 to 4 : Mr. S.Chandrasekar Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R Challenge in this Writ Petition is to an order, dated 26.11.2010, issued by the Assistant Elementary Educational Officer, Papakudi, Tirunelveli District, the fourth respondent herein, directing recovery of Rs.20,599/-, alleged to have been paid excessively, consequent to erroneous sanction of bonus increments. 2.While assailing the impugned order, Mr.N.Dilip Kumar, learned counsel for the petitioner inter alia contended that the petitioner is entitled to seek for incentive, as per G.O.Ms.No. 562, Finance (PC) Department, dated 28.09.1998 and therefore, recovery at this juncture is not permissible. He further submitted that the impugned order of recovery is per se violative of the principles of natural justice, as the petitioner, who has been issued an order of recovery, which involves civil consequences, has not been provided with any opportunity. 3.Heard learned counsel for the parties and perused the materials available on record. 4.As rightly contended by learned counsel for the petitioner, the impugned order of recovery is per se violative of the principles of natural justice, as the petitioner has not been provided with an opportunity to putforth his case. The respondents, ought to have been given a reasonable opportunity to the petitioner to put forth his case. Therefore, the impugned order of recovery, is liable to be set aside. As the impugned order is set aside on the sole ground of violation of natural justice, this Court is not inclined to adjudicate the other grounds. 5. In the result, the impugned orders of recovery, dated 26.11.2010, issued by the Assistant Elementary Educational Officer, Papakudi, Tirunelveli District, the fourth respondent herein, is set aside and the writ petition is allowed, giving liberty to the Assistant Elementary Educational Officer, Papakudi, Tirunelveli District, the fourth respondent herein, to issue a notice to the writ petitioner, enclosing with a copy of the audit objections, regarding sanction of bonus increments. If any notice is issued, the petitioner shall put forth his case and establish his entitlement to the abovesaid sum, in terms of G.O.Ms.No. 562, Finance (PC) Department, dated 28.09.1998. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Secretary to the Government School Education Department Fort St. George Chennai - 9 2. The Principal Accountant General Tamil Nadu & Pondicherry Branch Office A.G.'s Avenue, First Floor Press Colony Madurai - 625 007 3. The District Elementary Educational Officer Government Boys Higher Secondary School Campus Opposite to Rathina Theatre, Tirunelveli 4. The Assistant Elementary Educational Officer 2/38, C, Main Road, Papakudi Tirunelveli District 5. The Secretary, Hindu Middle School Harikesava Nallur Ambasamuthiram Tirunelveli District +One Cc to Mr.N.DIlip Kumar, Advocate, SR.No.28778 vsg rl/7c – 8.9.2011 ORDER MADE IN W.P.(MD).No.9479 of 2011 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/