Madras High Court
Pushparaj vs The Secretary To Government on 17 June, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1740 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.SURENDER
W.A.No.1740 of 2025
Pushparaj,
W/o.Late Kannan,
Formerly Maternity Assistant
(Multispeciality Health Worker, Supergrade),
Thirusuzhi Panchayat Union Dispensary
M.Reddipatti, Virudhunagar. ... Appellant
versus
1.The Secretary to Government,
Rural Development & Panchayat
Raj Department,
Fort St.George, Chennai - 9.
2.The Secretary to Government,
Health & Family Welfare Department,
Fort St.George, Chennai - 9.
3.The Director of Rural Development
Panagal Building,
Saidapet, Chennai - 600 015.
4. The Director of Local Fund Audit,
Combined Accounts Office,
Anbalagan Maaligai, 4th Floor,
Nandanam,
Chennai - 600 035.
5.The Commissioner,
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:07 am )
W.A.No.1740 of 2025
Thirusuzhi Panchayat Union Office
M.Reddipatti,
Virudhunagar District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in W.P.No.6896 of 2024 dated 28.03.2025.
For Appellant : Mr.K.Venkataramani
Senior Counsel
for Mr.M.Muthappan
For Respondents : Mr.T.Chandrasekar
Special Government Pleader
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in the Writ Petition was to the order of the fifth respondent
directing recovery of a sum of Rs.5,80,393/- which was wrongly paid to her
as a result of wrong fixation of her pay.
2. We heard Mr.K.Venkataramani, learned Senior Counsel,
instructed by Mr.M.Muthappan appearing for the appellant and
Mr.T.Chandrasekar, learned Special Government Pleader appearing for the
respondents.
3. The Writ Court had held that the re-fixation is correct as the
salary of the appellant was wrongly fixed in the post of maternity assistant
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:07 am )
even though the appellant was only auxiliary mid wife. As far as recovery is
concerned the writ court after referring to the judgment of the Hon'ble
Supreme Court in State of Punjab Vs. Rafiq Masih reported in (2015) 4
SCC 334 [whitewasher's case], wherein the Hon’ble Supreme Court had
held that excess payment made owing to the wrong fixation of pay scale by
the Department cannot be recovered from the pensioner and therefore the
recovery is impressible in law held that the appellant cannot rely upon the
said judgment as she had given an undertaking when her pension was fixed.
We are unable to sustain the said conclusion of the writ court since it
overlooks the bargaining power of a retired employee vis a vis the mighty
employer namely the state. The fact that the recovery in the case on hand is
due to the wrong fixation of the pay by the Department is not in dispute.
Therefore, the order of recovery has to be set aside.
4. Law on the question of recovery is settled by the judgment of
the Hon'ble Supreme Court in White Washer’s case, referred to supra. The
order of the recovery having been made after retirement, the same cannot be
sustained. At the same time, the re-fixation of the pension cannot be
questioned, inasmuch as it only rectifies the mistake committed.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:07 am )
5. Hence, the Writ Appeal is partly allowed and the order of
recovery is set aside. It is made clear that the appellant would be entitled to
pension as per the re-fixation done by the order dated 08.11.2010. No costs.
(R.S.M., J.) (K.S., J.)
17.06.2025
Speaking order
Index : No
Neutral Citation : No
sri
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:07 am )
To
1.The Secretary to Government,
Rural Development & Panchayat
Raj Department,
Fort St.George, Chennai - 9.
2.The Secretary to Government,
Health & Family Welfare Department,
Fort St.George, Chennai - 9.
3.The Director of Rural Development
Panagal Building,
Saidapet, Chennai - 600 015.
4. The Director of Local Fund Audit,
Combined Accounts Office,
Anbalagan Maaligai, 4th Floor,
Nandanam, Chennai - 600 035.
5.The Commissioner,
Thirusuzhi Panchayat Union Office
M.Reddipatti,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:07 am )
R.SUBRAMANIAN, J.
and
K.SURENDER, J.
sri
17.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:07 am )
