Madras High Court
N.Preetha vs The Additional Assistant Elementary on 18 July, 2025
2025:MHC:1697
W.P.(MD) No.24802 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 11.07.2025
Pronounced On : 18.07.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.24802 of 2016
and
W.M.P. (MD) Nos.17945 of 2016 &
W.M.P.(MD)Nos.16737 & 16684 of 2023
N.Preetha,
BT Assistant,
Panchayat Union Middle School,
Velayuthampalayam, Karur Union,
Karur District. ...Petitioner
Vs.
The Additional Assistant Elementary
Educational officer
Karur Union, Karur District. ... Respondent
PRAYER in W.P:
To issue a Writ of Certiorari or any other Writ or Order or
Direction in the nature of Writ of Certiorari, calling for the records
relating to the impugned proceedings in Na.Ka.No. 208 /Al /2016 dated
07.11.2016 of the respondent herein and quash the same and pass such
further or other orders as this Court may deem fit and proper in the
circumstances of the case and thus render justice.
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W.P.(MD) No.24802 of 2016
PRAYER IN W.M.P.(MD) No.17945 of 2016:
To grant an interim stay of all further proceedings pursuant to the
impugned proceedings in Na.Ka.No.208/Al /2016 dated 07.11.2016 of
the respondent herein and thus render Justice.
PRAYER IN W.M.P.(MD) No.16737 of 2023:
To grant leave to the petitioner to file counter affidavit in the writ
petition in W.P.(MD) No.24802 of 2016 and thus render justice.
PRAYER IN W.M.P.(MD) No.16684 of 2023:
To vacate the interim stay granted in W.M.P(MD). No. 17945 of
2016 in W.P.(MD).No. 24802 of 2016, dated 23.12.2016 and pass such
further or other orders as this Court may deem fit and proper in the facts
and circumstances of the above case and thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr. T. Pon Ramkumar
For Respondent : Mr.J.Ashok
Additional Government Pleader
JUDGMENT
Heard.
2. This writ petition has been filed by the petitioner, a B.T.
Assistant at the Panchayat Union Middle School, Velayuthapalayam,
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Karur District, challenging the proceedings dated 07.11.2016 issued by the
respondent, whereby a recovery of Rs. 750/- per month, drawn as personal
pay from 01.04.2012 onwards, was directed. The recovery was ordered on
the ground that the inclusion of personal pay in the petitioner’s pay
fixation on promotion was erroneous.
3. The petitioner was initially appointed as a Secondary Grade
Teacher on 28.09.2004, and her services were approved with effect from
01.06.2006. While serving in the said post, she was sanctioned a special
allowance of Rs.500/- per month pursuant to G.O.(Ms.)No.270 Finance
(Pay Cell) Department dated 26.08.2010. This was notionally given effect
from 01.01.2006 and with monetary benefit from 01.08.2010.
Subsequently, by G.O.(Ms.)No.23 Finance (Pay Cell) Department dated
12.01.2011, the Government enhanced the special allowance to Rs. 750/-
and reclassified it as personal pay with effect from 01.01.2011. The said
G.O. specifically extended the benefit to all Secondary Grade Teachers
with the clear intention of treating the amount as part of their entitlements.
4. On 28.12.2011, the petitioner was promoted as B.T. Assistant
(Mathematics). She exercised her option under Rule 22-B of the
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Fundamental Rules and opted for pay fixation in the promoted post with
effect from 01.04.2012. Accordingly, her pay was fixed by including the
Rs. 750/- personal pay in the basic pay of the promotional post. This was
not a discretionary act of the petitioner or her school, but was done in
strict adherence to Government clarification issued through Letter No.
8764/CMPC/2012-1 dated 18.04.2012 by the Finance Department,
wherein it was unambiguously stated that in cases where a Secondary
Grade Teacher drawing personal pay of Rs.750/- is promoted as B.T.
Assistant after 01.01.2011, such personal pay shall be added to the basic
pay in the promoted post. This was later reaffirmed by the Secretary to
Government, Finance Department, by proceedings dated 22.03.2016.
Pursuant to this, the Director of Elementary Education issued a circular
dated 15.04.2016, confirming the pay fixation procedure and
implementing the above clarifications uniformly across the department.
5. Despite the above, the impugned proceedings dated 07.11.2016
were issued to the petitioner, directing recovery of the said amount on the
ground of audit objection. Admittedly, no show cause notice was issued
nor any opportunity of hearing granted to the petitioner prior to passing
the order. The learned counsel for the petitioner submitted that the entire
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fixation was done in accordance with Government policy and circulars,
and the petitioner cannot be penalised for drawing a sum that was legally
sanctioned and paid by the department itself. The learned counsel also
submitted that the recovery violates the principle of natural justice, having
been issued unilaterally without notice. Heavy reliance was placed on
G.O. (Ms.) No. 23 dated 12.01.2011 and the subsequent clarifications of
2012 and 2016. It was further argued that there was no misrepresentation
or fraud on the part of the petitioner and that she acted entirely in
accordance with departmental instructions.
6. The learned Additional Government Pleader, on instructions
would not refute the circular dated 15.04.2016 issued by the Director of
Elementary Education, which is in favour of the petitioner.
7. This Court finds considerable merit in the petitioner’s case. The
recovery sought to be made pertains to a sum that was included in the
petitioner’s pay pursuant to a valid G.O. and clarifications issued by the
competent authorities. The Government itself, through the Finance
Department and the Directorate of Elementary Education, had clarified
and implemented the manner in which personal pay of Rs.750/- granted to
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Secondary Grade Teachers was to be added while fixing pay in the cadre
of B.T. Assistant. It is not the case here that petitioner manipulated the
records or misrepresented her entitlement. On the contrary, the records
show that her case was processed in the usual course of administrative
approval. The impugned order is also vitiated by breach of natural justice.
No prior notice or opportunity was given to the petitioner to explain her
position or respond to the audit observation.
8. It is settled law that recovery from employees who have not
played any role in the overpayment would cause undue hardship and be
legally unsustainable. The Court recognized that employees who
innocently receive salary fixed by the employer should not be penalised
for administrative errors. The present case squarely falls within that
category. The petitioner was paid an amount she was told she was entitled
to. The departmental instructions existed and were acted upon.
9. In light of the above, this Court holds that the impugned order
dated 07.11.2016 is unsustainable, both on facts and in law. The recovery
is contrary to the very clarifications issued by the Government and its
departments, and the petitioner cannot be faulted for accepting payments
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sanctioned and processed by the employer. The recovery is also vitiated by
violation of the principles of natural justice. Accordingly, the proceedings
in Na.Ka.No.208/A1/2016 dated 07.11.2016 are quashed.
10. Thus, the writ petition is allowed. There shall be no order as to
costs. Consequently, connected Miscellaneous Petitions are closed.
18.07.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS
To
The Additional Assistant Elementary
Educational officer
Karur Union,
Karur District.
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DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
and
W.M.P. (MD) No.17945 of 2016 &
W.M.P.(MD)Nos.16737 & 16684 of 2023
18.07.2025
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