Madras High Court
G.Krishnan vs The Registrar General on 21 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.33988 of 2024
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THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No. 33988 of 2024
and
W.M.P.Nos.36798 & 36799 of 2024
G.Krishnan ...Petitioner
Vs.
1.The Registrar General,
High Court of Madras,
High Court Campus,
Chennai – 104.
2.The Principal Secretary to Government of Tamil Nadu,
Home (Court-V) Department,
Fort St. George, Chennai - 9.
3.The Principal District Judge,
Dharmapuri.
4.The Principal Accountant General, (A&E)
AG's Office (Audit) Complex,
Anna Salai, Roast Rever Garden,
Teynampet, Chennai - 600 018.
5.The District Treasury Officer,
Dharmapuri.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.33988 of 2024
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6.The Special Sub Judge,
(MACT) Sub-Court,
Dharmapuri District. ...Respondents
Prayer: Writ Petition filed under 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, Calling for the records of the
6th respondent in connection with proceedings ROC No.Nil/ 2022 dated
20.10.2022 and quash the same and consequently direct the respondents to
continue to pay at the existing fixation of pay and not recovering the alleged
excess amount paid to the petitioner.
For Petitioner : Mr.M.Selvam
For Respondents : Mr.V.Vasanthakumar, Standing Counsel
*****
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Challenge is to the order dated 20.10.2022, in and by which, the
salary disbursement Officer / The Special Sub Judge, (MACT) Sub-Court,
Dharmapuri District, had directed recovery of a sum of Rs.69,443/- from the
petitioner in 36 monthly installments. Recovery was ordered based on the
audit objections made by the Audit Wing of the High Court, on the ground
that the petitioner was sanctioned with inadmissible increment. In and by
the very same proceedings, the salary disbursement Officer had also re-fixed
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the salary of the petitioner, after allowing the admissible increments.
2. The main ground of challenge to the order is that recovery cannot
be made. The question of recovery 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. A Division Bench of
this Court in P.Ponnusamy Vs. The Registrar General, High Court of
Madras made in W.P.No.8952 etc., batch of 2023 dated 04.03.2024 has,
after referring to the relevant precedents on the point held that recovery
cannot be made, but, the Division Bench in the said judgment has also
pointed out, re-fixation that has been done in accordance with pay rules
shall be sustained. The said judgment, in our opinion, squarely covers the
issue raised in this writ petition also.
3. In view of the same, this Writ Petition is partly allowed, quashing
the order to the extent that it directs recovery of the excess amount paid to
the petitioner. The re-fixation done is sustained. If any recovery had been
made, the amount recovered alone shall be repaid to the petitioner within a
period of eight weeks from the date of receipt of a copy of this order. No
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costs. Consequently, the connected miscellaneous petitions are closed.
(R.S.M., J.) (G.A.M., J.)
21.02.2025
dsa
Index : No
Neutral Citation : No
Speaking order
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To:
1.The Registrar General,
High Court of Madras,
High Court Campus,
Chennai - 104.
2.The Principal Secretary to Government of Tamil Nadu,
Home (Court-V) Department,
Fort St. George, Chennai - 9.
3.The Principal District Judge,
Dharmapuri.
4.The Principal Accountant General, (A&E)
AG's Office (Audit) Complex,
Anna Salai, Roast Rever Garden,
Teynampet, Chennai - 600 018.
5.The District Treasury Officer,
Dharmapuri.
6.The Special Sub Judge,
(MACT) Sub-Court,
Dharmapuri District.
https://www.mhc.tn.gov.in/judis
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
21.02.2025
https://www.mhc.tn.gov.in/judis
