1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR WP(MD)No.8435 of 2011 And MP(MD)No. 1 of 2011 B.Dhanalakshmi :Petitioner -Vs- 1.The Principal Accountant General (A&E), Tamil Nadu, Chennai. 2.The Sub Treasury Officer, The Sub Treasury Office, Kulithalai, Karur District. :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent relating to the proceedings in Na.Ka.No 2011/A/dated 23.03.2011 and the subsequent recovery order in Pdl.144/2011 dated 28.03.2011 of the second respondent in PPO.No.FC.35094/SUR and quash the same and consequently to direct the second respondent to refund the recovered amount from March 2011 to the petitioner. For Petitioner :Mr.S.Arunachalam for Mr.R.M.Sivakumar For 1st Respondent :Mr.P.Gunasekaran For 2nd Respondent :Mr.B.Pugalenthi,Special Government Pleader ORDER Mr.P.Gunasekaran, takes notice for the first respondent Mr.B.Pugalenthi, learned Special Government Pleader takes notice for the second respondent. Considering the short issue, Writ Petition is disposed of at the time of admission itself. 2.Being aggrieved by the orders, dated 23.03.2011 and 28.03.2011 of the Sub Treasury Officer, Kulithalai, Karur District, directing the petitioner, the wife of the deceased Government servant, to remit a sum of Rs.81,680/- alleged to have been erroneously paid from 18.08.2009 to 28.02.2011, on account of wrong fixation of family pension, with effect from 01.06.2009, recovering the excess pension of Rs.81,860/- in equal instalments at the rate of Rs.3,000/- from the month of March 2011 to July 2013, the petitioner has preferred this Writ Petition. 3.Contending inter alia that fixation of family pension after the demise of her husband on 01.03.2009 has been done properly and that both the impugned orders are violative of the principles of natural justice and in that she has not been given opportunity, the learned counsel prayed to quash the orders. 4.On the abovesaid pleadings and placing reliance on an order made in Kamakshi Vs. The Office of the Principal Accountant General (A&E), Chennai and others in W.P.(MD).No. 5528 of 2007, dated 23.06.2011, Mr.S.Arunachalam, learned counsel for the petitioner submitted that there was no misrepresentation, by the petitioner, in the matter of fixation of family pension and any alleged excess payment cannot be recovered from the petitioner. 5.Both the impugned orders, do not reflect, any to whether the petitioner was given an opportunity to put-forth her case before passing the impugned orders. It is well settled that an order of recovery involves civil consequences and therefore it attracts the principles of natural justice. However, perusal of the order made in W.P.(MD).No. 5528 of 2007 dated 23.06.2011, discloses that in the said case, the government servant retired from service on 30.11.1984. Thereafter, he was sanctioned pension and received the same till he died on 08.01.2003. After his death, family https://hcservices.ecourts.gov.in/hcservices/ 2 pension was fixed at Rs.3,626/-. From November 2003, the Sub Treasury Officer, Srirengam, deducted Rs.1000/- from family pension. Lateron, the entire pension was stopped from July 2006. In the above case, an impugned order has been passed on 25.02.2005 stating that there was an erroneous revision of pension as on 01.12.1984 and in such circumstances, the excess amount was sought to be recovered from the widow. 6.Considering the facts and circumstances of the above case, by observing that the alleged erroneous fixation in 1984 was not due to any misrepresentation of the petitioner's husband and that the respondent therein was not correct in effecting recovery after 25 years, and that too without any notice and following the Division Bench Judgment of this Court in D.Palavesamuthu Vs. Tamil Nadu Administrative Tribunal, represented by its Registrar, Chennai and Others reported in (2006) 1 MLJ 143, this Court, has quashed the order, and further directed the respondents therein to refund the amount recovery. 7.In the case on hand, the petitioner's husband died on 01.03.2009 The revision of family pension, has been made on 17.08.2009. According to the respondents, the family pension ought to have been fixed at Rs.2130/- instead of a sum of Rs.3,550/-. Hence, after nearly one year and three months, the second respondent has directed the writ petitioner to pay a huge sum of Rs.81,860/- and also directed to recover the same at the rate of Rs.3,000/- per month, from the month of March 2011 to July 2013 and the last installments at Rs.680/- in the month of August 2013. Apparently, the impugned orders are in violation of the principles of natural justice, as the orders do not reflect adherence to the principles of natural justice Therefore, this Court is not inclined to set aside both the impugned orders. 8.The respondents shall issue notice to the writ petitioner, provide opportunity to her, regarding fixation of family pension and thereafter, pass appropriate orders, regarding the entitlement of appropriate family pension. 9.In so far as the prayer for refund is concerned, the unreported decision relied on by the learned counsel for the petitioner, would not lend any support to the facts of this case, for the reason that in the above case, after 20 years, a recovery was sought to be made and in such circumstances, this Court was inclined to direct the respondents 1 and 2 therein to refund the amount recovered. 10.While setting aside the impugned orders, the Writ Petition is disposed of with the above said directions. Consequently, connected Miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Principal Accountant General (A&E), Tamil Nadu, Chennai. 2.The Sub Treasury Officer, The Sub Treasury Office,Kulithalai,Karur District +1CC to Mr.R.M.Sivakumar, Advocate. SR.No.25131. +1CC to Mr.P.Gunasekaran, Advocate. SR.No.25237. +1CC to The Special Government Pleader. SR.No.25355. Vsg W.P.(MD).No.8435 of 2011 And M.P.(MD).No. 1 of 2011 RP/05.08.2011/2P/6C. 29.07.2011. https://hcservices.ecourts.gov.in/hcservices/