Madras High Court
WA/1441/2024 of G.LAKSHMI KAANTHAN Vs The Director of Treasuries on 22 September 2026
WA No. 1441 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 1441 of 2024
CNR:{HCMA010372502024}
AND
CMP NO. 10240 OF 2024
G.Lakshmi Kaanthan
S/o.L.Ganapathy Iyer, Res.at No.16/13, Bhavani Street, Alamelupuram, Villupuram 605 602.
..Appellant(s)
Vs
1. The Director of Treasuries
Saidapet, Chennai 600 015.
2. The Treasury Officer
Villupuram District.
..Respondent(s)
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order passed in WP No.30020/2016 dated 05.09.2023.
For Appellant(s):
Mr.T.Dharani
For M/s.K.Raja
For Respondent(s):
Mr.K.Rajesh, Government Advocate
WA No. 1441 of 2024
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The writ petitioner is the appellant before this Court. The writ petition has been instituted challenging the order of recovery dated 18.07.2016 passed by the District Treasury Officer, Villupuram. The order of recovery was issued based on the audit objection raised that excess pension was disbursed to the tune of Rs.77,073/- to the appellant. Pertinently, no show cause notice was issued before issuing the order of recovery. Since the writ court dismissed the writ petition, the present writ appeal came to be filed.
2. This Court is of the considered view that, recovery of excess pension from the pensioner after long delay would result in hardship and the principle in this regard has been settled by the Hon'ble Supreme Court of India in the case of State of Punjab v. Rafiq Masih (2015) 4 SCC 334 That apart, no show cause has been issued before passing the impugned order of recovery, which is in violation of the principles of natural justice.
3. For all these reasons, the order of recovery dated 18.07.2016 cannot be sustained. Consequently, the writ order impugned dated 05.09.2023 passed in W.P.No.30020 of 2016 is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is
WA No. 1441 of 2024
closed. The amount already recovered from the appellant is directed to be refunded within a period of twelve (12) weeks from the date of receipt of a copy of this order. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To
1. The Director of Treasuries Saidapet, Chennai 600 015.
2. The Treasury Officer Villupuram District.
WA No. 1441 of 2024
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 1441 of 2024 AND CMP NO. 10240 OF 2024 22-09-2026