A.Noorjahan v. The Registrar General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K. SURENDER Writ Petition No. 2444 of 2025 1.A.Noorjahan 2.M.S.Afilaa Iffath .. Petitioners Vs.
1.The Registrar General, High Court of Judicature at Madras, High Court Buildings, Chennai - 600 104.
2.The Principal District Judge, Vellore.
3.The Principal District Judge, Ranipet.
4.The II Additional District Judge, Ranipet.
5.The Principal Accountant General, (Accounts and Entitlement) Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai.
... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the 2nd respondent in Dis.No.715/2023, dated 24.01.2023, re-fixing the scale of pay and recovering the excess amount and the consequential impugned order passed by the 3rd respondent in Dis.No.2252/2024, dated 10.09.2024, effecting the recovery from the DCRG Benefit and thereby quash the same and consequently direct the respondents to i) refund the excess of Rs.
14,08,256/- (Rupees Fourteen Lakhs Eight Thousand and Two Hundred and Fifty Six), deducted from the DCRG benefit of 1st petitioner's Husband, that too after his demise, along with 12% interest; ii) revise and re-fix the scale of the 1st petitioner Husband's by restoring his old scale of pay; iii) sanction and disburse statutory interest on the belated payment of the Terminal Benefits, within a time frame fixed by the Court. For Petitioners : Mr.S.N.Ravichandran For Respondents : Mr.P.Kannan Kumar for R1 to R4 Mr.P.
ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.) The husband of the 1st petitioner is admittedly a Group - C employee. He died in harness. Challenge is to the order of re-fixation and recovery passed by the learned Principal District Judge, Vellore dated 24.01.2023 and consequential recovery of the amount from DCRG payable to the deceased employee.
2. Mr.S.N.Ravichandran, learned counsel appearing for the petitioners would submit that he restricts the challenge only to recovery orders. As already indicated since the petitioner is a group C employee recovery cannot be effected 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.
3. Hence, this Writ Petition is partly allowed. The order of recovery alone are quashed, the re-fixation is sustained and the recovery of a sum of Rs.3,91,784/- towards due to the Vellore and Thiruvannamalai District Court Employees Co-operative Thrift and Credit Society is also sustained. 3/6
Any amount recovered from the DCRG of the husband of the 1st petitioner shall be refunded to the petitioners within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. (R.SUBRAMANIAN, J.) (K. SURENDER, J.) 11.07.2025 dsa Index : No Internet : Yes : No Speaking order 4/6
To 1.The Registrar General, High Court of Judicature at Madras, High Court Buildings, Chennai - 600 104.
2.The Principal District Judge, Vellore.
3.The Principal District Judge, Ranipet.
4.The II Additional District Judge, Ranipet.
5.The Principal Accountant General, (Accounts and Entitlement) Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai.
5/6
R.SUBRAMANIAN, J.
and K. SURENDER, J.
dsa Writ Petition No. 2444 of 2025 11.07.2025 6/6