Madras High Court
The State Of Tamilnadu vs S.Manimuthu on 1 March, 2024
Author: Sanjay V.Gangapurwala
Bench: Sanjay V.Gangapurwala
W.A.(MD) No.322 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2024
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.A.(MD) No.322 of 2024
and
C.M.P.(MD) No.2990 of 2024
1.The State of Tamilnadu
rep.by Secretary to Government
School Education Department
Fort St.George, Chennai-600 009
2.The Joint Director (Vocational)
Directorate of School Education
DPI Compound, College Road
Chennai-600 006
3.The Chief Educational Officer
Ramanathapuram ... Appellants
-vs-
S.Manimuthu ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 29.08.2022, passed in W.P.(MD) No.5503 of 2021, on the file of
this Court.
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Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.322 of 2024
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent : Mr.R.Saravanan
JUDGMENT
[Judgment of the Court was made by
The Hon'ble CHIEF JUSTICE]
Heard Mr.D.Sadiq Raja, learned Additional Government Pleader, for
the appellants and Mr.R.Saravanan, learned counsel for the respondent.
2. Learned Additional Government Pleader submits that the re-pay
fixation has been done in accordance with the principles. A wrong pay fixation
was done earlier. The same has been corrected. However, the learned Single
Judge, while passing the impugned order, did not discuss about the re-pay
fixation and only based on the Judgment of the Apex Court in the case of
State of Punjab and others vs. Rafiq Masih (White Washer) and others
reported in (2015) 4 SCC 334, has allowed the writ petition, on the premise
that recovery cannot be made after five years.
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https://www.mhc.tn.gov.in/judis
3. Learned counsel for the original writ petitioner submits that the
appellants are bound by their own Government Order bearing No.G.O.2d No.
153, School Education Department, dated 30.10.2015.
4. We have gone through the Judgment delivered by the learned
Single Judge. The learned Single Judge has allowed the writ petition, on the
basis of the Judgment of the Apex Court in the case of Rafiq Masih (supra).
The said Judgment is applicable in case of recovery. The original writ
petitioner was working as a Class-III employee. The recovery was claimed
after five years. The parameters laid down in Rafiq Masih (supra) by the Apex
Court would squarely apply in the present case. To that extent, the Judgment
of the learned Single Judge cannot be faulted with.
5. However, while deciding the writ petition, the learned Single
Judge did not discuss about the legality of the pay fixation done. It is not that
the pay fixation cannot be rectified. Though, as held by the learned Single
Judge, recovery cannot be claimed after five years in view of the Judgment of
the Apex Court in the case of Rafiq Masih (supra), the learned Single Judge
also ought to have considered the legality of the pay fixation.
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6. In light of that, we pass the following order.
(i) The order of the learned Single Judge, dated
29.08.2022, passed in W.P.(MD) No.5503 of 2021,
to the extent that recovery could not have been
claimed from the original writ petitioner on
account of erroneous pay fixation is upheld.
(ii) The matter is remitted to the learned Single Judge
to the extent of deciding about the validity of the
re-pay fixation done.
(iii) Till the writ petition is decided by the learned
Single Judge, the appellant – authority shall make
payment of pension and other retiral benefits to
the original writ petitioner, as per the pay scale
determined by them. The same would be without
prejudice to the rights and contentions of the
original writ petitioner and subject to the decision
in the writ petition with regard to the repay
fixation.
(iv) The payment of retiral benefits, as directed above,
shall be made within two months from today.
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https://www.mhc.tn.gov.in/judis
7. The writ appeal is disposed of with the aforesaid observations. No
costs. Consequently, connected miscellaneous petition is closed.
[S.V.G., C.J.] [M.S.K., J.]
01.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Secretary to Government,
School Education Department,
State of Tamilnadu,
Fort St.George, Chennai-600 009.
2.The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai-600 006.
3.The Chief Educational Officer,
Ramanathapuram.
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https://www.mhc.tn.gov.in/judis
THE HONOURABLE CHIEF JUSTICE
and
MUMMINENI SUDHEER KUMAR, J.
krk
and
01.03.2024
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https://www.mhc.tn.gov.in/judis
