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Counter Affidavit

The document is a counter affidavit filed by Dr. P. Balusamy on behalf of the 4th respondent in a writ petition concerning a refund claim by the petitioner, G. Ravirajan, for an excess pay amounting to Rs. 382,572. The affidavit outlines the petitioner's employment history, the re-designation of his position, and the reasons for the excess payment, asserting that the claim for refund is not maintainable. The 4th respondent requests the court to dismiss the writ petition as lacking merit.

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20 views6 pages

Counter Affidavit

The document is a counter affidavit filed by Dr. P. Balusamy on behalf of the 4th respondent in a writ petition concerning a refund claim by the petitioner, G. Ravirajan, for an excess pay amounting to Rs. 382,572. The affidavit outlines the petitioner's employment history, the re-designation of his position, and the reasons for the excess payment, asserting that the claim for refund is not maintainable. The 4th respondent requests the court to dismiss the writ petition as lacking merit.

Uploaded by

harish.m
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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INTHEHIGHCOURTOFJUDICATUREATMADRASSPECIALORI

GINALJURISDICTION

WP.NO.39295OF2024

G.Ravirajan(M/Age61)Son
ofGnanaraj,
20,MeenkashiNagar,Kovai
pudur,
Coimbatore. …Petitioner
..Vs..

1. TheSecretary
HealthandFamilywelfareDepartmentFor
tSt.George,
Chennai.

2. TheDirector
PublicHealthandPreventiveMedicine,DM
SComplex,
Teynampet,Chennai
–600006.

3. PrincipalAccountantGeneralofTamilNadu,Off
iceofThePrincipalAccountantGeneralAccountsand
Entitlements,
No.361,AnnaSalai,Teynampet,Chennai.

4. TheDeputyDirectorofHealthServices,No
w,renamedas
DistrictHealthOfficer,Coim
batore.

5. TheBlockMedicalOfficer,Gover
nmentPrimaryHealthCentre,Arisipal
ayam,Coimbatore.

6. The District Treasury Officer,


Coimbatore District. …Respondents
2

COUNTERAFFIDAVITFILEDBYTHE4THRESPONDENT

I, Dr.P.Balusamy Son of Periyasamy, aged about 43 years and


residing at District Health Office, Race Course Road, Coimbatore-
641018 now temporarily came down to Chennai, do here by
solemnly affirms and sincerely state as follows:-

1. I am the 4th respondent herein and I am filing this affidavit on


behalf of 1st and 2nd respondents also, as such I am well acquainted
with the facts and circumstances of the case from the available
records.
2. It is submitted that the writ petitioner herein has filed the
writ petition prayed that this Hon’ble Court may be please to issue
a writ in the nature of WRIT OF MANDAMUS or any other
appropriate writ or direction, directing the2nd respondent to grant
refund of recovered amount to the tune o fRs.382572/-on account
of excess pay to the petitioner, based on the petition
dated22.01.2024 and pass such further or other orders as this
Hon’ble court deems fit and proper on the facts and circumstances
of this case and there by render justice.
3

3. With regards to averments made in paras 2, 3, 4, 5, 6 of the


petitioner affidavit, it is submitted that the writ petitioner was
appointed as Leprosy inspector under the control of the
Director of Medical and Rural Health Services. Subsequently in
the cadre of Leprosy Inspector they were integrated with this
Department of Director of Public Health and Preventive
Medicine. Theerst while posts of Leprosy Inspectors were re-
designated as Health Inspector, Grade–I,B as per G.O.
Ms.No.320, Health and Family Welfare Department,
dated:12.10.2007 that the post of Health Inspector, Grade–1B
had been re-designated as Health Inspector.

4. It is humbly submitted that petitioner pension proposals has


been forwarded to the Accountant General (A&E) vide as per R.No.
99/A1/2023 dated.21.03.2023 of the writ petitioner, Government
Primary Health Centre, Arisipalayam and R.No.2172/A2/2023,
Dated:05.05.2023 Who was retired from Service on the Afternoon
of 31.07.2023.
5. It is humbly submitted that the above pension proposals
returned by the Accountant General, (A&E), Chennai vide
No.PO8/1/10826969/ADK/81, Dated.23.05.2023 with following
reasons.‘ As per G.O.110, Dated:06.05.2014, Leprosy Inspector
Has been re-designated as HI. Gr.I and pay should be fixed as
follows.
4

Leprosy Inspector Health InspectorGr.I


(4000-100-6000) (4500-125-7000)
01.08.1997 4700
01.01.1998 4800
09.03.1998 Selection Gr.HIGr.IRs.5000(5000-150-8000)
01.09.985000+5%pp(250)=5250
01.09.985300(5300-150-8300)

6. It is humbly submitted that the pay of the individual has


forced at R.5450/- wef 01.01.1999 Rs.5600/- wef 01.01.2000
and Rs.5750/- wef 01.01.2001 in the scale of pay 5300-150-
8300) and further increments may be calculated accordingly.
As per G.O.110,5% personal pay has to be merged in the pre
revised scale of S.G.Hl.Gr.I and not in revised scale of S.G.HL.Gr.I,
since the post of HL.Gr.I, does not carry PP the pay to fixed as
per FR. 23 in the same level, If available or in the next higher
level. Hence, the pay to be fixed at Rs.5300/-with effect from
01.09.1998 to 31.05.2003 and excess drawn pay and
allowances an amount Rs.382572/-may be reviewed and
recovered” from the individual from his DCRG amount.

7. It is humbly submitted that as per the instruction of the


Accountant General (A&E), Tamil Nadu, Chennai pay of
Thiru.G.Ravirarajan, Block Health Supervisor has been revised by
the Block Medical Officer, Govt. Primary Health Centre,
Arisipalayam and revised pension proposals received from Block
Medical Officer, Govt. Primary Health Centre, Arisipalayam vide
R.No.99/A1/2023, Dated:14.06.2023 and forwarded to the
Accountant General (A&E), Tamil Nadu, Chennai by this Office
R.No:-2172/A2/2023, Dated:04.07.2023 and excess amount
5

Of 5% pp Rs.382572/-arrived by the Block Medical Officer, Govt.


Primary Health Centre, Arisipalayam.

8. It is humbly submitted that as per P.No:-99/A2/2023,


Dated:09.08.2023 of the Block Medical Officer, Govt. Primary
Health Centre, Arisipalayam intimated to the District Treasury,
Coimbatore (AnnexureIII–No Due Certificate/ Due Certificate) to
recover the excess amount Rs.382572/-fromtheDCRG.

9. It is submitted that based on the proceeding of the Accountant General


a Letter has been sent to the petitioner to pay Rs.382572/- (Rupees Three
lakhs Eight two thousand Five hundred and Seventy two only). For that
petitioner also given consent to deduct said amount from the DCRG. Now the
petitioner has filed this writ petition to refund the said amount which is not
maintainable.

10. It is humbly submitted that, for the fore going reasons stated,
It is humbly prayed that this Hon’ble Court may be pleased to
dismiss the writ petition as devoid of merits and thus render
justices.

DEPONENT
Solemnly affirm and signed before me
at Chennai on .01.2025.

Advocate,
Chennai.
6

INTHEHIGHCOURTOFJINT
HEHIGHCOURTOFJURISDI
CTURE

ATMADRAS

(Special Original Jurisdiction)

WP.NO.39295OF2024

Filed by Dr.P.Balusamy

COUNTERAFFIDAVIT

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