Madras High Court
V.Gunalan vs The Registrar General on 20 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.37687 of 2024
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THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No. 37687 of 2024
and
W.M.P.No.40783 of 2024
V.Gunalan ...Petitioner
Vs.
1.The Registrar General,
High Court of Judicature at Madras,
High Court Buildings,
Chennai - 600 104.
2.The Principal District Judge,
Tiruvallur,
Tiruvallur District.
3.The District Munsif,
District Munsif Court,
Tiruttani.
4.The Principal Accountant General,
(Accounts and Entitlement),
No.361, Anna Salai,
Teynampet, Chennai. ...Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.37687 of 2024
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Prayer: Writ Petition filed under 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the entire records
connected with the impugned order passed by the 2nd respondent vide order
in Dis No.200/2020 dated 10.06.2020 and all consequential proceedings
taken in pursuance of the impugned order passed by the 3rd respondent and
quash the same and consequently direct the respondents to refund of
Rs.2,16,862/- (Rupees Two Lakhs sixteen Thousand Eight hundred and
sixty two) recovered from petitioner along with interest, within a time frame
fixed by this Honourable Court and thereby revise and refix the scale of the
petitioner by restoring his old scale of pay.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mr.Arjun Suresh,
Standing Counsel for RR1 to 3
Mr.V.Vijayashankar for R4
******
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
The issue raised in this Writ Petition is covered by the judgment of
the Hon'ble Supreme Court in State of Punjab and Others Vs. Rafiq Masih
(White Washer's case) reported in AIR 2015 SC 696.
https://www.mhc.tn.gov.in/judis
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2. The order of recovery was passed consequent upon re-fixation of
his salary, as it was found that there was a wrong fixation of his pay at the
time when he entered into the service. The petitioner has retired on
31.07.2023. It is seen that the petitioner is a Class III employee. Therefore,
the recovery is bad. Hence, the order of recovery alone is set aside and the
re-fixation done is sustained. If any amount is recovered, the same shall be
refunded to the petitioner within a period of twelve (12) weeks from the
date of receipt of a copy of this order.
3. This Writ Petition is disposed of with the above directions. No
costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M., J.) (G.A.M., J.)
20.02.2025
dsa
Index : No
Neutral Citation : No
Speaking order
https://www.mhc.tn.gov.in/judis
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To:
1.The Registrar General,
High Court of Judicature at Madras,
High Court Buildings,
Chennai - 600 104.
2.The Principal District Judge,
Tiruvallur,
Tiruvallur District.
3.The District Munsif,
District Munsif Court,
Tiruttani.
4.The Principal Accountant General,
(Accounts and Entitlement),
No.361, Anna Salai,
Teynampet, Chennai.
https://www.mhc.tn.gov.in/judis
---------------------------
R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
20.02.2025
https://www.mhc.tn.gov.in/judis
