R RANGARAJAN Vs. DIRECTOR OF LOCAL FUND AUDIT KURALAGAM CHENNAI

JUDGEMENT

(1.) BY consent of both sides, the writ petition is taken up for final disposal.

(2.) PRAYER in the writ petition is to issue a writ of Certiorarified Mandamus calling for the records relating to the order passed by 1st respondent in Ni.Mu.No.8565/e/x/r/(5)/2008 dated 25.06.2008 and quash the same and consequently direct the respondents to refund the attached amount of Rs.1,01,773/- as gratuity with 18% gratuity and refix the last drawn pay at Rs.5,900/- from the date of retirement.

(3.) THE learned counsel for the petitioner submits that without any misrepresentation or furnishing wrong details by the petitioner, the respondents have fixed the pensionary benefits and the same was in accordance with the petitioner's last drawn pay and without giving any opportunity of hearing, the first respondent has passed the impugned order of recovery and re-fixation of pension. THE learned counsel for the petitioner further submitted that the issue as to whether any recovery could be made from the salary already paid to an employee without any misrepresentation or suppression of fact was considered and it is held that no recovery could be made from the salary already paid.