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Madras High CourtWP/8555/2026dismissed

P.Baskaran v. The Principal Secretary To Government

2026-03-04Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA P.Baskaran S/o.Palanisamy, 41A, Mudaliyar Street, Sundarapuram, Coimbatore- 641 024.

..Petitioner(s) Vs

1. The Principal Secretary to Government Health and Family Welfare Department, Secretariat, Chennai-600 113.

2. The Director Directorate of Medical Education and Research, 162, Periyar E.V.R. High Road, Kilpauk, Chennai- 600 010.

3. The Dean Coimbatore Medical College and Hospital, Avinasi Road, Peelamedu, Coimbatore- 641 018.

..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 24.11.2025 and consequently direct the third respondent to repay the amount of Rs.2,81,274 /- paid by the petitioner along with interest at the rate of 15 % for the payment.

For Petitioner(s):

Mr.A.Sundara Vadhanan For Respondent(s):

Mr.M.Bindran, Additional Government Pleader

ORDER

The petitioner seeks a mandamus to the respondent to consider the representation dated 24.11.2025 and consequently direct the third respondent to repay the amount of Rs.2,81,274 /- paid by him along with interest at the rate of 15 % for the payment.

2.

This sum of Rs.2,81,274/- is claimed as a refund. The said amount having been recovered from the petitioner on the ground that the increment granted was wrongly granted.

3.

The case of the petitioner is that the increment was rightly given to him and at the time of retirement, he was directed to deposit the amount, failing which, his retirement benefits will be withheld. The petitioner admittedly retired from service on 31.03.2018, but, has not chosen to question the recovery immediately thereafter.

4.

The learned counsel appearing for the petitioner would contend that there has been constant follow up by repeated representations, however, none of those representations have been filed into Court and there is nothing to show that prior to the representation dated 24.11.2025, the petitioner has ever addressed the respondents in this regard. Having kept quite for over eight years

without questioning the recovery, the petitioner has now approached this Court seeking a mandamus to the respondents. The writ petition has been filed belatedly and there is no satisfactory explanation given for the delayed filing of this writ petition.

Therefore, I see no reason to entertain this writ petition and consequently, the same is dismissed. No costs.

04-03-2026 Index: Yes/No Speaking/Non-speaking order nsd To

1. The Principal Secretary to Government Health and Family Welfare Department, Secretariat, Chennai-600 113.

2. The Director Directorate of Medical Education and Research, 162, Periyar E.V.R. High Road, Kilpauk, Chennai- 010.

3. The Dean Coimbatore Medical College and Hospital, Avinasi Road, Peelamedu, Coimbatore- 641 018.

P.T.ASHA, J.

nsd 04-03-2026