P.Dineshkumar v. The Registrar General,
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.8810 of 2025 P.Dineshkumar ... Petitioner Vs.
1.The Registrar General, High Court of Madras, Chennai-600 104.
2.The District Principal Judge, Tiruvannamali District, Tiruvannamalai - 606 601.
3.The District Munsif Judge, Polur - 606 803.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India parying to issue a Writ of Certiorarified Mandamus, calling the records pertaining to the order of the 3rd respondent which is made in Dis.No.51/25 dated 21.02.2025 signed dated 28.01.2025 and quash the same consequently direct the respondents not to make any recovery from the pay of the petitioner and also to refund the amount recovered if any to the petitioner. Page No.: 1 of 4
--------------------------- For Petitioner : Mr.R.Malaichamy For Respondents : Mr.M.Palanimuthu, Standing Counsel ******
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) Mr.M.Palanimuthu, learned Standing Counsel appears for the respondents.
2. The order under challenge is one for recovery made on the ground that there was a wrong fixation of salary of the petitioner. Admittedly the petitioner is Group C employee. The issue of recovery is covered by 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. In view of the said judgment of the Hon'ble Supreme Court, which makes it clear that excess amount paid due to wrong fixation of salary, which cannot be attributed to the employee, shall not be recovered.
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3. Hence, the re-fixation is sustained, but, the recovery order alone is set aside. This Writ Petition is disposed of on above terms. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (G.A.M.,J.) dsa Index : No : No Speaking order To 1.The Registrar General, High Court of Madras, Chennai-600 104.
2.The District Principal Judge, Tiruvannamali District, Tiruvannamalai - 606 601.
3.The District Munsif Judge, Polur - 606 803.
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--------------------------- R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa Page No.: 4 of 4