K.Sridhar vs The Principal District Judge
2025 Latest Caselaw 750 Mad

Madras High Court

K.Sridhar vs The Principal District Judge on 3 July, 2025

Author: R.Subramanian

Bench: R.Subramanian

                                                                                              W.P.No.24028 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 03.07.2025

                                                           CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    AND
                                    THE HONOURABLE MR.JUSTICE K. SURENDER

                                           Writ Petition No. 24028 of 2025
                                                         and
                                             W.M.P.No.27028 of 2025


                     K.Sridhar                                                                    .. Petitioner
                                                                Vs.

                     1.The Principal District Judge,
                       Dharmapuri District Court,
                       Dharmapuri.

                     2.The Chief Administrative Officer,
                       O/o.The Principal District Court,
                       Dharmapuri.

                     3.The Treasury Officer,
                       District Treasury Office,
                       Dharmapuri.                                                           ... Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying for, to issue a Writ of Certiorarified Mandamus, calling for the
                     records pertaining to the order passed by the 1st respondent in
                     R.O.C.No.5084      of 2022 dated 19.10.2022                       and further order in
                     R.O.C.No.5084 of 2022 dated 30.12.2022 to recover as sum of Rs.1,98,775/-

                     1/5




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                                                                                             W.P.No.24028 of 2025


                     being the excess pay and allowance due to wrong fixation of pay for the
                     period from 02.12.2009 to 30.09.2022 and quash the same as illegal and
                     direct the 1st respondent to refund the recovered amount to the petitioner
                     within a reasonable time as may be fixed by this Court.
                                        For Petitioner         : Mr.A.E.Ravichandran

                                        For Respondents : Ms.N.K.Kanthimathi for R1 & R2

                                                                 Mr.T.Chandrasekaran,
                                                                 Special Government Pleader for R3

                                                             *****
                                                            ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J.)

Challenge is to the order of recovery passed by the learned Principal

District Judge, Dharmapuri dated 09.10.2022. The recovery order is passed

on the premise that inadmissible increment was sanctioned to the petitioner

in the post of the Assistant Bench Clerk on 02.12.2009 on incorrect fixation

of pay on promotion.

2. Admittedly, the petitioner belogns to Group - C post. Therefore, the

order of recovery cannot be made in terms of 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.

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3. Hence, the Writ Petition will stand allowed. While sustaining the

re-fixation, the orders of recovery alone is set aside. Any amount recovered

pursuant to the order impugned 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 petition is closed.

(R.SUBRAMANIAN, J.) (K. SURENDER, J.) 03.07.2025

dsa

Index : No Internet : Yes Neutral Citation : No Speaking order

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:50 pm )

To

1.The Principal District Judge, Dharmapuri District Court, Dharmapuri.

2.The Chief Administrative Officer, O/o.The Principal District Court, Dharmapuri.

3.The Treasury Officer, District Treasury Office, Dharmapuri.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:50 pm )

R.SUBRAMANIAN, J.

and K. SURENDER, J.

dsa

Writ Petition No. 24028 of 2025

03.07.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 04:42:50 pm )