M.Ramesh v. The Registrar General

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.19384, 19386 & 19389 of 2025 M.Ramesh

...Petitioner

Vs.

1.The Registrar General, High Court of Madras, High Court Campus, Chennai - 600 104.

2.The Principal Secretary to Government, Home (Court V) Department, Fort St. George, Chennai - 9.

3.The District Judge Chief cum Judicial Magistrage, 4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Anna Salai, Roast Revor Gardent, Teynampet, Cehnnai - 600 018.

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5.The District Treasury Officer, 6.The Chief Administrative Officer, District Court, Udhagamandalam.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 6th respondent in connection with the proceedings of Prog No.27/2021 dated 05.03.2021 and quash the same and direct the respondents to return the amount that had been recovered from the petitioner.

For Petitioner : Mr.A.Sakthivel For Respondents : Mr.M.Palanimuthu for R1, R3 & R6 Mr.T.Chandrasekaran, Special Government Pleader for R2, R4 & R5 *********

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The order dated 05.03.2021 directing recovery on account of wrong fixation of pay is under challenge.

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2. Admittedly the petitioner is a Group - C employee and this case 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. While sustaining the re-fixation, the order of recovery alone is quashed.

3. Accordingly, this Writ Petition is allowed. Any amount recovered pursuant to the order impugned, shall be re-paid to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

(R.S.M.,J.) (K.G.T.,J.) dsa 09.06.2025 Index : No Internet : Yes : No Speaking order 3/5

To 1.The Registrar General, High Court of Madras, High Court Campus, Chennai - 600 104.

2.The Principal Secretary to Government, Home (Court V) Department, Fort St. George, Chennai - 9.

3.The District Judge Chief cum Judicial Magistrage, 4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Anna Salai, Roast Revor Gardent, Teynampet, Cehnnai - 600 018.

5.The District Treasury Officer, 6.The Chief Administrative Officer, District Court, Udhagamandalam.

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R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI , J.

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