Madras High Court
Srinivasan vs The Registrar General on 21 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.9233 of 2025
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. 9233 of 2025
and
W.M.P.Nos.10354 & 10357 of 2025
Srinivasan ...Petitioner
Vs.
1.The Registrar General,
High Court, Madras - 104.
2.The Principal Secretary to
Government of Tamil Nadu,
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 Sub-Judge,
Uthangarai, Krishnagiri District.
6.The District Treasury Officer,
Krishnagiri District. ...Respondents
1/5
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W.P.No.9233 of 2025
Prayer: Writ Petition filed under 226 of the Constitution of India for issuance
of Writ of Certiorarified Mandamus, calling for the records in connection
with proceedings in ROC.No.16 of 2023 dated 29.05.2023 of the 5th
respondent, the Sub-Court, Uthangarai, Krishnagiri District and quash the
same with regard to petitioner salary recovery of Rs.5,000/- from May 2023
into 45 installments from any salary by the proceedings in ROC No.16 of
2023 dated 29.05.2023 of the 5th respondent totally Rs.1,60,532/- and
consequently direct the respondents return the amount already deducted
from the petitioner.
For Petitioner : Mr.K.Thiruvengadam
For Respondents : Mr.S.Arjun Suresh
Standing Counsel for R1, R3 & R5
Mr.P.Ananda Kumar
Government Advocate for R2 & R6
Mr.P.Mano Rajan
Standing Counsel for R4
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 Night Watchman was
promoted as Senior Bailiff. Consequent upon promotion, an increment was
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granted to him which was found to be incorrect, leading to issuance of the
proceedings dated 29.05.2023, which were impugned in this writ petition. It
is also recorded that the petitioner has already retired, upon attaining the age
of superannuation.
3. In similar 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. 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
kkn
Internet:Yes
Index: No
Speaking
Neutral Citation : No
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To:
1.The Registrar General,
High Court, Madras - 104.
2.The Principal Secretary to
Government of Tamil Nadu,
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 Sub-Judge,
Uthangarai, Krishnagiri District.
6.The District Treasury Officer,
Krishnagiri District.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
KKN
and
W.M.P.Nos.10354 & 10357 of 2025
21.03.2025
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