Madras High Court
Unknown vs N. Rajendran on 2 September, 2021
W.A.No. 2168 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
W.A.No. 2168 of 2021 and
C.M.P. No.13697 of 2021
1. The Government of Tamil Nadu,
Rep. by the Secretary to the Government,
Finance (Pay Cell) Department.
Fort St. George, Chennai – 600 009
2. The Secretary to the Government.
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 600 009
3. The Director of School Education,
College Road,
Chennai – 600 006
4. The Chief Educational Officer,
Villupuram District,
Villupuram
5. The District Educational Officer,
Villupuram District,
Villupuram.
1/8
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W.A.No. 2168 of 2021
6. The Headmaster,
Government Boys Higher Secondary School,
Thiyagathurugam,
kallakurichi Taluk,
Villupuram District ....Appellants
Vs.
N. Rajendran ......Respondent
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent,
against the order, dated 25.10.2019, passed in W.P.No.11999 of 2013.
For Appellants : Mr.K. Tippusultan,
Government Advocate.
For respondent : Mr.R. Saseetharan
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J)
The Writ Appeal is filed against the order passed in W.P.No.11999
of 2013, dated 25.10.2019, by which the order of recovery of excess amount
from the pay of the Respondent herein was set aside.
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W.A.No. 2168 of 2021
2. The Appellants herein are the Respondents in W.P.No.11999 of
2013 and the Respondent is the Writ Petitioner. The Respondent herein has
filed the Writ Petition in W.P.No.11999 of 2013 challenging the order of the
Fifth and Sixth Appellants dated 20.03.2013 and 28.03.2013 respectively
and for a direction to the Appellants to restore the pay of the Respondent as
on 01.01.2006 in the pay band of Rs.15600-39100 + Grade pay as fixed
originally in Na.Ka.No.229/11-12 dated 14.11.2011 of the Sixth
Appellant/Respondent. The learned Single Judge vide order dated
25.10.2019 has set aside the order of recovery of excess amount from the
pay of the Respondent
3. The learned Government Advocate appearing for the Appellants
submitted that the learned Single Judge failed to take note of the fact that
the Fifth and Sixth Appellants have passed the impugned orders based on
the Government Orders dated 22.07.2013 and 12.09.2018. He further
contended that in the order dated 14.12.2011, it has been categorically
mentioned that if there is any error or audit objection in the pay scale fixed,
the excess amount paid will be recovered and as the Writ petitioner has
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W.A.No. 2168 of 2021
accepted the said condition, he cannot challenge the order dated 28.03.2013.
In support of his contention, he relied upon the Judgment of the Hon'ble
Supreme Court in the case of State of Punjab and Others Versus Rafiq
Masih (White Washer) and others reported in 2015 4 SCC 334 and prays to
set aside the order of the learned Single Judge.
4. The learned counsel appearing for the Respondent submitted that
there is no avenue of promotion to the post, in which the Respondent was
employed and in order to give benefits, the Government has extended
selection grade of pay. He has further submitted that the learned Single
Judge, by referring to the Judgment of the Hon'ble Supreme Court in Syd
Abdul and Other Vs. State of Bihar and Others reported in 2009 3 SCC
475, has rightly set aside the order for recovering the excess amount from
the pay of the Respondent and therefore, no interference is required.
5. Heard both sides. Perused the materials available on record.
6. The sum and substance of the case on hand is that the pay scale of
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W.A.No. 2168 of 2021
the Respondent has been erroneously fixed, thereby wrong amount was
paid to the employee. Thereafter, the same was ordered to be recovered
and questioning the same, the Writ Petition in W.P.No.11999 of 2013 was
filed, in which the learned Single Judge held that in the absence of any fraud
or misrepresentation on the part of the employee, the excess amount
granted should not be recovered.
5. Though the contention of the learned Government Advocate,
appears to be sound at the first blush, a cursory look at the order dated
28/8/2003 shows that admittedly, it is a non speaking order, with regard to
wrong fixation of pay to the vocational teachers. In the proceedings of the
Sixth Respondent dated 28.03.2013, it has been simply stated that the pay
scale, which is revised as 15600-39100+ 5400 is hereby cancelled and they
have decided to refix the pay scale of 9300-34800+4600. . Though the
Government is entitled to recover the amount based on the guidelines
pronounced by the Apex Court, no speaking order has been passed with
respect to recovery of the salary fixed on 14.10.2011 in the Impugned Order
dated 28.03.2000. Therefore, in the absence of speaking order being
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W.A.No. 2168 of 2021
passsed, we are of the view that the learned Judge was right in holding that
there is no fraud or misappropriation on the part of the employee and that,
the excess amount paid cannot be recovered.
6. In view of the same, we find no reason to interfere with the order of
the learned Singe Judge dated 25.10.2019 made in W.P.No.11999 of 2013
and this Writ Appeal is liable to be dismissed.
7. Accordingly, this Writ Appeal is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
[S.V.N., J.,] [A.A.N., J]
02.09.2021
Index: Yes/no
Internet: Yes/no
arr
https://www.mhc.tn.gov.in/judis
W.A.No. 2168 of 2021
To
1. The Government of Tamil Nadu,
Rep. By the Secretary to the Government,
Finance (Pay Cell) Department.
Fort St. George, Chennai – 600 009
2. The Secretary to the Government.
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 600 009
3. The Director of School Education,
College Road,
Chennai – 600 006
4. The Chief Educational Officer,
Villupuram District,
Villupuram
5. The District Educational Officer,
Villupuram District,
Villupuram
6. The Headmaster,
Government Boys Higher Secondary School,
Thiyagathurugam,
kallakurichi Taluk,
Villupuram District
https://www.mhc.tn.gov.in/judis
W.A.No. 2168 of 2021
S. VAIDYANATHAN,J
and
A.A. NAKKIRAN,J
arr
W.A.No. 2168 of 2021
02.09.2021
https://www.mhc.tn.gov.in/judis
