P. Mani v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-06-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA P. Mani ..Petitioner(s) Vs
1. The Superintendent of police District Police office, Dharmapuri District
2. The Accountant General office No 361 Annamalai, Teynampet, Chennai ..Respondent(s) Prayer:
This writ petition is filed under Article 226 of the Constitution of India seeking writ of certiorarified mandamus calling for the records of the 1st Respondent vide Rc. No F3/ 11730 / 2019 dated 03.09.2019 and quashing the same as null and void and consequently direct the respondents to refund the amount of Rs.1,03,927 recovered from the petitioner by way of excess salary paid to him besides directing the 2nd respondent to refix the last drawn salary of the petitioner at Rs 55,700 for the purpose of calculation of pension. For Petitioner(s):
Mr. S.Dayanand For Respondent(s):
Mr. A.R.Balaji Government Advocate (R1) Mr.P.Manorajan Standing Counsel (R2)
ORDER
This writ petition is filed for the following relief: "To call for the records of the 1st Respondent vide Rc. No F3/ 11730 / 2019 dated 03.09.2019 and quashing the same as null and void and consequently direct the respondents to refund the amount of Rs.1,03,927 recovered from the petitioner by way of excess salary paid to him besides directing the 2nd respondent to refix the last drawn salary of the petitioner at Rs 55,700 for the purpose of calculation of pension."
2. The petitioner joined the Police Department as a Grade II PC in the year 1985. The petitioner retired from service as Sub Inspector of Police, on 30.06.2019.
3. The case of the petitioner is that nearly after three months after his retirement his salary was reduced from Rs.55,700/- to Rs.54,100/-, by stating that he had been excessively paid. The petitioner would submit that his batch mates are drawing a pension of Rs.55,700/-. Therefore, the petitioner sent representations on 06.07.2023 and 05.03.2024, requesting respondents to re-fix his last drawn salary as Rs.55,700/- to which there has been no response and now recovery is sought to be initiated against the petitioner. Therefore, the
petitioner is before this Court.
4. Heard the learned counsel on either side and perused the records.
5. When the matter is taken up for hearing, it is brought to the notice of this Court that the very same issue involved in this writ petition has been dealt by this Court in writ petition in W.P.No.31657 of 2025 dated 25.08.2025, wherein, it is observed as follows:
"8.Considering the above, the writ petition is partly allowed as follows: (i)The order directing recovery of the excess amount is set aside and any amount already recovered shall be refunded to the petitioner within a period of 1 month from the date of receipt of a copy of this order.
(ii)The order dated 03.07.2024 passed by the 4th respondent re-fixing the petitioner's last drawn salary at Rs.62,700/- is set aside and the matter is remitted back to the 4th respondent for fresh consideration. The 4th respondent is directed to re-fix the salary of the petitioner after taking into consideration the representations submitted by the petitioner dated 27.03.2025, 03.06.2025, 14.07.2025 and 23.07.2025, within a period of 2 months from the date of receipt of a copy of this order. No costs.
6. The aforesaid order dated 25.08.2025 applies on all fours to the case on hand and therefore, this writ petition is allowed on the same lines of the above order. No costs.
01-06-2026 Index: Yes/No Speaking/Non-speaking order KAN
To
1. The Superintendent of police District Police office, Dharmapuri District
2. The Accountant General office No 361 Annamalai, Teynampet, Chennai
P.T.ASHA, J.
KAN 01-06-2026