Madras High Court
P.Sampath vs The Government Of Tamil Nadu on 3 February, 2025
W.P.No.32155 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2025
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
W.P.No.32155 of 2014
and M.P.Nos.1 & 2 of 2014
P.Sampath
S/o.Ponnusamy
277, Vinayagar Koil Street
Kuruvimalai, Kalakattur Post
Kancheepuram District ... Petitioner
Vs.
1.The Government of Tamil Nadu
Rep. by its Secretary of Government
Handlooms, Handicrafts
Textiles and Khadi Department
Fort St. George
Chennai 600 009.
2.The Commissioner of Sericulture
Salem District, Salem 231 001
3.The Assistant Director of Sericulture
Vaniyambadi, Vellore District ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance
of Writ of Certiorarified Mandamus calling for the records connected with the
impugned order of recovery passed by the 3rd respondent in Memo
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.32155 of 2014
No.4492/A/2011 dated 12.07.2013 based on the orders of the 1st Respondent in
G.O.Ms.No.25, Handlooms, Handicrafts, Textiles and Khadi (G2) Department
dated 23.02.2010 regularizing his service from the date of issue of G.O., and
quash the same in so far as the petitioner concerned and consequently direct the
1st respondent to regularise the service of the petitioner from his date of initial
appointment as in the case of his co-worker Mr.T.Manickam as per the
judgment reported in 2009 (2) LLN page No.579.
For Petitioner : Mr.V.S.Jagadeesan
for M/s.R.Rengaramanujam
For Respondents : Mr.V.Jeevagiridharan (for R1 to R3)
Additional Government Pleader
ORDER
This Writ Petition has been filed to call for the records connected with
the impugned order of recovery passed by the 3rd respondent in Memo
No.4492/A/2011 dated 12.07.2013 based on the orders of the 1st Respondent in
G.O.Ms.No.25, Handlooms, Handicrafts, Textiles and Khadi (G2) Department
dated 23.02.2010 regularizing his service from the date of issue of G.O., and
quash the same in so far as the petitioner is concerned and consequently direct
the 1st respondent to regularise the service of the petitioner from his date of
https://www.mhc.tn.gov.in/judis
initial appointment as in the case of his co-worker Mr.T.Manickam as per the
judgment reported in 2009 (2) LLN page No.579.
2.Heard the learned counsel for the petitioner and the learned Additional
Government Pleader and perused the available records.
3.As against the impugned order passed by the Assistant Director of
Sericulture, Vaniyambadi, Vellore District, to recover the additional dearness
allowance alleged to have been paid to the petitioner, while he was working as
daily wages from 01.04.2004 to 31.08.2011, the present Writ Petition has been
filed.
4.The learned counsel for the petitioner would contend that the petitioner
was retired from service on 30.06.2010 and the impugned order is dated
12.07.2013. The learned Additional Government Pleader would submit all the
dates and events in respect of this case.
5.In view of the judgment of the Hon'ble Supreme Court, in the case of
State of Punjab & Others vs. Rafiq Masih (White Washer) reported in AIR 2015
SC 696, the excess payment wrongly made by the Department to the employees,
after three years of retirement, is impermissible in law.
6.Learned counsel for the petitioner also seeks another relief, relying
https://www.mhc.tn.gov.in/judis
upon the relief granted to the co-employee viz., Mr.T.Manickam by order dated
31.10.2008 in W.P.No.19926 of 2008.
7.Considering the entire fact of the case, this Court is of the opinion that
the relief sought for the by the petitioner in respect seeking similar relief as
granted W.P.No.19926 of 2008 dated 31.10.2028 to the co-employee
Mr.T.Manickam is not one and the same and the therefore, the said prayer of
the petitioner is hereby rejected.
8.Taking into consideration the facts and circumstance of the case, the
impugned order of recovery passed by the 3rd respondent in Memo
No.4492/A/2011 dated 12.07.2013 is hereby set aside with a direction to the
respondents to settle the retirement and other benefits to the petitioner within a
period of eight weeks from the date of receipt of a copy of this order.
9.In fine, this Writ Petition is partly allowed to the limited extent
indicated above. No costs. Consequently, connected Miscellaneous Petitions
are closed.
03.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
https://www.mhc.tn.gov.in/judis
To
1.The Government of Tamil Nadu
Rep. by its Secretary of Government
Handlooms, Handicrafts
Textiles and Khadi Department
Fort St. George
Chennai 600 009.
2.The Commissioner of Sericulture
Salem District
Salem 231 001
3.The Assistant Director of Sericulture
Vaniyambadi
Vellore District
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN.J,
sai
and M.P.Nos.1 & 2 of 2014
Dated: 03.02.2025
https://www.mhc.tn.gov.in/judis
