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2014 DIGILAW 4390 (MAD)

T. S. Ganesan v. District Collector, Salem

2014-11-24

D.HARIPARANTHAMAN

body2014
Judgment 1. The petitioner was employed as a Driver in the office of the District Collector, Salem. He joined in the service in 1963. He retired from service on 31.01.2003. 2. While settling his terminal benefits, the second respondent passed an order dated 03.04.2003 for recovering a sum of Rs.1,10,999/- from the DCRG. The petitioner filed O.A.No.2923 of 2003 seeking to quash the aforesaid order dated 03.04.2003 and on abolition of the Tribunal, the O.A. stood transferred to this Court and renumbered as W.P.No.13356 of 2007. 3. The second respondent filed a reply affidavit seeking to sustain the order. 4. Heard both sides. 5. The impugned order dated 03.04.2003 is extracted hereunder : “With reference to your GPF final closure application of Shri.T.S.Ganesan, Driver, GPF A/c No.11700/Misc, retired on 31.1.2003, I am to state that the net amount payable to him workout to Rs.(-)1,10,999/-. The over payment of Rs.1,10,999/- is due to the non-accounting of two withdrawals from his GPF account (ie. Temporary Advance Rs.2260/- drawn and paid to him in 3/1989 and Part Final Withdrawal of Rs.16000/- drawn and paid to him in 2/1992) and excess credit of opening balance of Rs.14398/- (ie OB for 88-89 noted as Rs.15997/- instead of Rs.1599/- by clerical error) in 4/1988. The above overpayments together with interest amounting to Rs.1,10,999/- may be adjusted / recovered from his Death-cum-Retirement Gratuity immediately. The VI Pay Commission Arrears of the subscriber will be authorised in due course as per Government orders and the subscriber may be informed accordingly.” 6. It is the case of the petitioner that he was not responsible for non-accounting of withdrawals and excess credit of opening balance. The non-accounting of withdrawals and the excess credit of opening balance come to Rs.32,658/-. But interest was levied on the same and the total amount was arrived at Rs.1,10,999/- and the same was sought to be recovered. It is the case of the petitioner that levying interest on him for the fault committed by the second respondent is not justified and the same is arbitrary. 7. I am in entire agreement with the submission made by the learned counsel for the petitioner that charging interest on the amount of Rs.32,658/- is not fair, particularly, when it is not the case of the second respondent that the non-accounting of two withdrawals and the excess credit of opening balance was due to the fault of the petitioner. 7. I am in entire agreement with the submission made by the learned counsel for the petitioner that charging interest on the amount of Rs.32,658/- is not fair, particularly, when it is not the case of the second respondent that the non-accounting of two withdrawals and the excess credit of opening balance was due to the fault of the petitioner. 8. The learned counsel for the petitioner has no objection for withholding of Rs.32,658/- from the DCRG and he has serious objection for charging interest thereon. The learned counsel submitted that he will be satisfied if the balance amount alone is paid to him, though he is entitled to seek for interest on the balance amount, that was illegally withheld. 9. In the circumstances of the case, I am of the view that the second respondent is not correct in charging interest for the fault not committed by the petitioner. It is not the case of the second respondent that the non-accounting of withdrawals and excess credit of opening balance was at the fault of the petitioner. Hence, the second respondent cannot charge interest on the said amount of Rs.32,658/-. 10. In these circumstances, the impugned order is quashed to the extend of charging interest on the amount of Rs.32,658/- and the second respondent is directed to adjust a sum of Rs.32,658/-alone towards DCRG and to pay the balance amount immediately, not later than four weeks from the date of receipt of a copy of this order. 11. The writ petition is disposed of in the above terms. No costs.