Madras High Court
V.Sekar vs The Principal District Judge on 9 April, 2025
WP(MD). No.10211 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 09/04/2025
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.B.BALAJI
W.P.(MD)No.10211 of 2024
V.Sekar ... Petitioner
Vs
1. The Principal District Judge,
Ramanathapuram District,
Ramanathapuram.
2. District Munsif Cum Judicial Magistrate, Kamudhi,
Office of the District Munsif Cum Judicial Magistrate,Kamudhi,
Kamuthi,
Ramanathapuram District.
3. The Treasury Officer,
Office of the Treasury Officer,
Ramanathapuram District.
4. The Sub Treasury Officer,
Office of the Sub Treasury Officer,
Ramanathapuram District. ... Respondents
PRAYER :-Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records of the 2nd respondent in proceeding No.Nil dated
12.07.2023, set aside the same and further direct the respondent to pay
the sum of Rs.6,02,837/- to the petitioner which is covered as excess
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WP(MD). No.10211 of 2024
payment within the time framed stipulated by the Honourable Court
For Petitioner : Mr.P.Pethu Rajesh
For Respondents : Mr.Mahaboob Athiff for R1 &R2
Mr.SRA.Ramachandran
Addl. Government Pleader for R3&R4
ORDER
(Order of the Court was made by
the Hon'ble the Chief Justice)
Counsel for petitioner states the issue in this matter is covered
inasmuch as excess payment made to Group C or Group D employees
cannot be recovered unless there is a fraud involved. Admittedly,
petitioner was Group D employee and has now retired.
2. Mr.P.Pethu Rajesh relying on a judgment of the Apex Court in
State of Punjab and others v. Rafiq Masih (White Washer)1
submitted that the recovery could not have been made because
petitioner is a retired employee, excess payment recovered is for a period
in excess of five years and petitioner is a Class IV and Group D
employee.
1 AIR 2015 SC 696
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3. Shri.Mahaboob Athiff appearing for respondents 1 and 2 in
fairness agrees that petitioner's case will be covered under Clause (i), (ii)
and (iii) of Paragraph 12 of the judgment of the Apex Court in Rafiq
Masih (supra).
4. For easy reference, Paragraph 12 of the judgment is reproduced
as under:
“12. It is not possible to postulate all situations of
hardship, which would govern employees on the issue of
recovery, where payments have mistakenly been made by the
employer, in excess of their entitlement. Be that as it may, based
on the decisions referred to herein above, we may, as a ready
reference, summarise the following few situations, wherein
recoveries by the employers, would be impermissible in law:
(i) Recovery from employees belonging to Class-III
and Class-IV service (or Group 'C' and Group 'D' service).
(ii) Recovery from retired employees, or employees
who are due to retire within one year, of the order of
recovery.
(iii) Recovery from employees, when the excess
payment has been made for a period in excess of five years,
before the order of recovery is issued.
(iv) Recovery in cases where an employee has
wrongfully been required to discharge duties of a higher
post, and has been paid accordingly, even though he should
have rightfully been required to work against an inferior
post.
(v) In any other case, where the Court arrives at the
conclusion, that recovery if made from the employee, would be
iniquitous or harsh or arbitrary to such an extent, as would far
outweigh the equitable balance of the employer's right to
recover.”
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5. In the circumstances, the relief as sought for in the prayer is
granted. Respondents to refund to petitioner a sum of Rs.6,02,837/-
within four weeks.
6. We clarify petitioner need not make any separate application
for refund. This order itself shall be acted upon.
7. Petition is disposed. There shall be no order as to costs.
(K.R.SHRIRAM, C.J.) (P.B.BALAJI, J.)
09.04.2025
NCC : Yes/No
Index : Yes/No
RR
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To
1. The Principal District Judge,
Ramanathapuram District,
Ramanathapuram.
2. District Munsif Cum Judicial Magistrate, Kamudhi,
Office of the District Munsif Cum Judicial Magistrate,Kamudhi,
Kamuthi,
Ramanathapuram District.
3. The Treasury Officer,
Office of the Treasury Officer,
Ramanathapuram District.
4. The Sub Treasury Officer,
Office of the Sub Treasury Officer,
Ramanathapuram District.
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THE HON'BLE CHIEF JUSTICE
AND
P.B.BALAJI, J.
RR
ORDER
IN
Date : 09/04/2025
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