Madras High Court
Ramesh Babu vs The Registrar General on 21 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.131 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.131 of 2025
and
W.M.P.Nos.142 & 146 of 2025
Ramesh Babu ... Petitioner
Vs.
1.The Registrar General,
High Court, Madras - 104.
2.The Principal Secretary to Government of Tamil Naud,
Home (Court - V) Department, Secretariat,
Chennai - 9.
3.The Principal District Judge,
Krishnagiri,
Krishnagiri District.
4.The Principal Accountant General, (A&E)
AG's Office (Audit) Complex,
Anna Salai, Roast Rever Garden,
Teynampet Chennai - 600 018.
5.The Judicial Magistrate,
Uthangarai,
Krishnagiri District. ... Respondents
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Page No.: 1 of 5
W.P.No.131 of 2025
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records in
connection with proceedings in Office Order No.34/2023 dated 08.06.2023 of
5th respondent, the Judicial Magistrate, Uthangarai, Krishnagiri District and
quash the same with regard to petitioner salary recovery of Rs.4075/- from June
2023 into 45 instalments totally Rs.1,83,359/- (Rupees One Lakh eighty three
thousand and three fifty nine only) from the petitioner's salary and consequently
direct the respondents to return the amount already deducted from the petitioner.
For Petitioner : Mr.K.Thiruvengadam
For Respondents : Mr.P.Kannan Kumar for R1, 3, 5 & 6
Mr.K.H.Ravi Kumar,
Government Advocate for R2
Mr.P.Mano Rajan, Standing Counsel for R4
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COMMON ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Challenge is to the order of re-fixation of the salary of the petitioner and
consequent recovery.
2. The petitioner, who joined the service as full time Masalchi was
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promoted as Office Assistant. Consequent upon promotion, an increment was
granted to him which was found to be incorrect, leading to issuance of the
proceedings dated 08.06.2023, which is impugned in this writ petition.
3. In some cases, we have already held that while the re-fixation could be
sustained, orders of recovery cannot be sustained, in view 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.
4. Hence, this Writ Petition is partly allowed, the re-fixation is sustained
and the orders of recovery alone are set aside. Any amount that is recovered
from the petitioner consequent upon the impugned order shall be repaid to him
within a period of twelve weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petitions are closed.
(R.S.M.,J.) (G.A.M.,J.)
21.03.2025
dsa
Index : No
Neutral Citation : No
Speaking order
To
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1.The Registrar General,
High Court, Madras - 104.
2.The Principal Secretary to Government of Tamil Naud,
Home (Court - V) Department, Secretariat,
Chennai - 9.
3.The Principal District Judge,
Krishnagiri,
Krishnagiri District.
4.The Principal Accountant General, (A&E)
AG's Office (Audit) Complex,
Anna Salai, Roast Rever Garden,
Teynampet Chennai - 600 018.
5.The Judicial Magistrate,
Uthangarai,
Krishnagiri District.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
21.03.2025
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