Madras High Court
K.Udayakumar vs The Registrar General on 1 July, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.23706 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K. SURENDER
Writ Petition No. 23706 of 2025
and
W.M.P.Nos.26679 & 26680 of 2025
K.Udayakumar .. Petitioner
Vs.
1.The Registrar General,
High Court of Madras,
Chennai – 600 104.
2.Principal Secretary of Government,
Home (Court V),
Secretariat Buildings,
Fort St. George,
Chennai – 600 009.
3.The Principal District Judge,
Erode.
4.The Principal Accountant General (A&E),
AG's Office (Audit) Complex,
Teynampet, Chennai – 600 018. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for, to issue a Writ of Certiorarified Mandamus, to call for the
1/5
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W.P.No.23706 of 2025
records pertaining to Letter No.2087/2025 dated 17.03.2025 on the file of
3rd respondent and quash the same as illegal and without jurisdiction and
consequently direct the respondents to refund a sum of Rs.5,04,268/-
recovered from the petitioner.
For Petitioner : Ms.Gopika Nambiar
For Mr.Sharath Chandran
For Respondents : Mr.M.Palanimuthu for R1
Mr.T.Chandrasekaran,
Special Government Pleader for R2
*****
ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge is to the order of recovery passed by the Principal District
Judge, Erode dated 17.03.2025.
2. An amount of Rs.5,04,268/- is sought to be recovered from the
petitioner on the ground that he has been granted increment when he was
promoted from the post of Assistant to Bench Clerk Grade - III way back in
2013. The petitioner is due to retire on 31.10.2025. This order of recovery
is straight away hit by the judgment of the Hon'ble Supreme Court in State
of Punjab and Others Vs. Rafiq Masih (White Washer's case) reported in
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AIR 2015 SC 696, wherein the Hon’ble Supreme Court had held that
recovery from retired employees or employees who are due to retire within
one year shall not be made. Clause (iii) of paragraph No.18 of the
judgement of the Hon’ble Supreme Court would also apply to the facts of
this case.
3. Hence, the orders of recovery are quashed. The writ petition stands
allowed. If any recovery has been made pursuant to the order impugned, 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. There shall be no
order as to costs. Consequently, the connected miscellaneous petitions are
closed.
(R.SUBRAMANIAN, J.) (K. SURENDER, J.)
01.07.2025
dsa
Index : No
Internet : Yes
Neutral Citation : No
Speaking order
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To
1.The Registrar General,
High Court of Madras,
Chennai – 600 104.
2.Principal Secretary of Government,
Home (Court V),
Secretariat Buildings,
Fort St. George,
Chennai – 600 009.
3.The Principal District Judge,
Erode.
4.The Principal Accountant General (A&E),
AG's Office (Audit) Complex,
Teynampet, Chennai – 600 018.
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R.SUBRAMANIAN, J.
and
K. SURENDER, J.
dsa
Writ Petition No. 23706 of 2025
01.07.2025
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