Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 116033 (MAD)

S. Sekar Raj v. The State of Tamilnadu

WP(MD)/887/2025 · 2025-01-10

R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD).No.887 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.887 of 2025 and W.M.P(MD) Nos.552 and 553 of 2025 S.Sekar Raj ... Petitioner Vs. 1. The State of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai – 6. 2. The Director, Public Health and Preventive Medicine Department, DMS Complex, Teynampet, Chennai – 6. 3. The Deputy Director, Leprosy Medical Service, Dindigul. 4. The Accountant General (A&E) 361, Anna Salai, Teynampet, Chennai – 18. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.887 of 2025 5. The District Treasury Officer, District Treasury, Dindigul District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the fourth respondent No.P14/11422478/2/PPO.No.R1422478, dated 05.04.2024 and the consequential recovery order issued by the third respondent proceedings vide No.Na.Ka.No.143/Ni/2024, dated 16.12.2024 and further all consequential order and to quash the same and consequently directing the respondents to restore the scale of pay of the petitioner with salary benefits from the date of initial appointment. For Petitioner : Mr.F.Deepak For R1 to R3&R5 : Mr.T.Amjadkhan Government Advocate For R4 : Mr.P.Gunasekaran Standing Counsel O R D E R The instant writ petition has been filed by a retired Health Educator, challenging the order passed by the fourth respondent and the consequential show cause notice issued by the third respondent herein. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.887 of 2025 2. A perusal of both the impugned orders reveal that the petitioner was granted some monetary benefits w.e.f. 01.08.1999 and the third respondent had issued show cause notice on 16.12.2024 proposing to cancel the said monetary benefits and to recover the excess amount, pursuant to the return order passed by the fourth respondent. 3. A perusal of the above said order of the third respondent dated 16.12.2024 further reveals that the petitioner has been called upon to show cause why the excess amount should not have been recovered and pay scale should not be revised. 4. This Court is of the considered opinion that the impugned proceedings is only a show cause notice and the petitioner can very well submit his objections to the same, which would be forwarded by the third respondent to the fourth respondent for passing appropriate orders. 5. Considering the above said facts, the petitioner herein is directed to submit his reply to the show cause notice issued by the third respondent dated 16.12.2024 within a period of three weeks from the date of receipt of a copy 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.887 of 2025 of this order. On receipt of the same, the third respondent is directed to pass appropriate orders considering the explanation submitted by the writ petitioner within a period of four weeks thereafter. In case, if the third respondent arrives at a finding that the objection raised by the writ petitioner is sustainable, the same may be forwarded to the fourth respondent for issuance of further proceedings. 6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. 10.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.887 of 2025 To 1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai – 6. 2. The Director, Public Health and Preventive Medicine Department, DMS Complex, Teynampet, Chennai – 6. 3. The Deputy Director, Leprosy Medical Service, Dindigul. 4. The Accountant General (A&E) 361, Anna Salai, Teynampet, Chennai – 18. 5. The District Treasury Officer, District Treasury, Dindigul District.. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.887 of 2025 R.VIJAYAKUMAR,J. ebsi W.P(MD)No.887 of 2025 10.01.2025 6/6 https://www.mhc.tn.gov.in/judis