T.Balamurugan vs /
2024 Latest Caselaw 19247 Mad

Madras High Court

T.Balamurugan vs / on 3 October, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                           W.P.(MD)No.15963 of 2019

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 03.10.2024

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               W.P.(MD)No.15963 of 2019
                                                        and
                                              W.M.P.(MD)No.12674 of 2019

                     T.Balamurugan                                            ... Petitioner

                                                         /Vs./

                     1.The Director of Elementary Education,
                       Dpi Campus, College Road,
                       Chennai-6.

                     2.The Regional Account Officer, (Audit),
                       School Education Department,
                       Madurai.

                     3.The Chief Educational Officer,
                       Tirunelveli,
                       Tirunelveli District.                                  ... Respondents

                     PRAYER: Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Certiorarified Mandamus, calling for the records
                     pertaining to the impugned recovery order in Na.Ka.No.2895 / E1 / 2019
                     dated 20/05/2019 passed by the 3rd respondent and quash the same as
                     illegal and arbitrary.



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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD)No.15963 of 2019

                                        For Petitioner     : Mr.R.Gowrishankar
                                        For Respondents : Mr.T.Amjad Khan
                                                            Government Advocate


                                                            ORDER

This writ petition has been filed challenging the impugned

recovery order dated 20.05.2019 passed by the third respondent.

2. Under the impugned order, the third respondent is seeking to

recover the excess payments made to the petitioner towards incentive

increments paid to him on account of his B.Ed., qualification. The

petitioner has challenged the same on the ground that the impugned

recovery order is bad in law, as the said recovery cannot be made, when

any increment has already been granted to the petitioner.

3. The issue raised in this writ petition is covered by the Division

Bench judgment of this Court dated 15.02.2024 passed in WA.No.499 of

2024 in the case of The District Elementary Educational Officer,

Kanchipuram District, Kanchipuram and Another vs. V.Prabaavathy,

https://www.mhc.tn.gov.in/judis

wherein it has been held following the decision of the Hon’ble Supreme

Court in the case of State of Punjab and Others vs. Rafiq Masih (White

Washer) reported in 2015 (4) SCC 334, that the impugned recovery order

is unsustainable. In that decision as well, a similar situation arose and

the Division Bench of this Court had quashed the similar impugned

recovery order.

4. In view of the settled law, the impugned order dated 20.05.2019

passed by the third respondent has to be necessarily quashed and

accordingly, the impugned recovery order dated 20.05.2019 passed by

the third respondent is hereby quashed and this writ petition is allowed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                                  03.10.2024
                     Index          : Yes / No                                       (2/3)
                     NCC            : Yes / No
                     Sm

https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE, J.

Sm TO:

1.The Director of Elementary Education, Dpi Campus, College Road, Chennai-6.

2.The Regional Account Officer, (Audit), School Education Department, Madurai.

3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

Order made in

(2/3)

Dated:

03.10.2024

https://www.mhc.tn.gov.in/judis