M. Sathyanarayanan, J. - (1.) By consent, this Writ Petition is taken up for final disposal.
(2.) The petitioner would state that her husband, namely T.Vilfret was working as Personal Assistant to Superintendent of Police, Kanniyakumari District and he died in harness while in service on 19.12.2007, leaving behind the petitioner and his son and the petitioner was receiving family pension from the year 2008 onwards and from January 2012, she was paid with monthly family pension of Rs.22,562/- and from April 2013, she was paid monthly family pension of Rs.24652/- and from January 2015, after statutory deductions, she was paid monthly family pension of Rs.17,736/- and in the month of December, 2015, she was paid with 18,764/-. However, to her shock and surprise, the third respondent has passed the impugned order dated 22.01.2016 stating that family pension paid to her was in excess of the eligible amount and therefore, sought to recover the alleged excess payment of Rs.5,62,252/- from her monthly family pension and challenging the legality of the same, the petitioner has come forward with this writ petition.
(3.) The learned counsel appearing for the petitioner has drawn the attention of this Court to the impugned order of the third respondent and would submit that the said order is per se in violation of the principles of natural justice for the reason that before ordering recovery, the petitioner has not been put on notice and therefore, prays for interference.;