High CourtsSingle Bench(2011) 07 MAD CK 0377

G. Natesan vs The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, The Accounts Officer and The Treasury Officer

Madras High Court · Decided on 21 July 2011

HON’BLE JUDGES
Vinod K. Sharma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (MD) No. 916 of 2006 and W.P. (MP) (MD) No. 987 of 2006

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Judgment

21 paragraphs · 274 words

Vinod K. Sharma, J.—The Petitioner has invoked the writ jurisdiction of this Court to challenge the order of the Accountant General (Accounts and Entitlements),Tamil Nadu, Chennai, dated 29.11.2005. The impugned order reads as under:

OFFICE OF THE

ACCOUNTANT GENERAL(ACCOUNTS & ENTITLEMENTS),TAMILNADU, CHENNAI

600 018

CHENNAI-600 018.

No.Pension I/II/C202742/REC/ORD. 151/05-06/199 Date:29.11.05

To

THE TREASURY OFFICER,

THANJAVUR.

Sir,

Sub: Pensionary benefits - Shri G. Natesan, Asst. -PPO No. C.202742/REV-DOR; 30.6.99 Recovery of Rental arears - Regarding.

Ref: Lr. No. 9104/2004, dated 19.7.2005 received from The Tahsildar, Needamangalam.

------

I am to state that in respect of Shri. G. Natesan, Assistant PPO No. C.202742/REV drawing pension at your Treasury, outstanding rent for the period 1.1.90 to 12.4.1998, totalling to Rs. 2,06,895/- has been ordered ordered to be recovered from Dearness 3 Allowance on pension by the The Tahsildar, Needamangalam in letter No. 9014/2004 dated 19.7.2005. Hence necessary arrangements may be made for recovery of Rs. 2,06,895/- from Dearness Allowance on pension. Full Dearness Allowance on pension may be adjusted against this recovery in instalments.

Action taken may be informed to Tahsildar, Needamangalam and to this Office.

Yours faithfully,

ACCOUNTS OFFICER.

2.

A reading of the order shows that it is only an executory order. The Tahsildar, Needamangalam vide his letter dated 9104/2004, dated 19.07.2005 had ordered the recovery of the amount from the Petitioner. The order adjudicating penal rent has not been challenged in this writ petition.

3.

In absence of challenge to the main order, it is not possible to interfere with the executory order.

4.

Consequently, the Writ Petition being misconceived is ordered to be dismissed.

5.

Consequently, connected Miscellaneous Petition is dismissed. No. costs.