A.Selvarani v. The Principal District Judge

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI Writ Petition No. 20226 of 2025 and WMP No.22808 of 2025 A.Selvarani .. Petitioner Vs.

1. The Principal District Judge, Krishnagiri District Court, Krishnagiri.

2. The Chief Adminstrative Officer, O/o. The Principal District Court, Krishnagiri.

3. The Presiding Officer, Labour Court, Hosur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorari, calling for records pertaining to the impugned Notice dated 03.02.2023 of the second respondent to recover Rs.2,69,197/- from the petitioner, as excess pay and allowance due to wrong fixation of pay for the period from 15.11.2010 to 31.08.2022 and quash the 1/4

same as illegal.

For Petitioner : Mr.A.E.Ravi Chandran For Respondents : Mr.S.Kaithamalai Kumaran ********

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J.) Challenge is to the impugned notice issued by the second respondent, consequent upon refixation of the salary of the petitoner, which was erroneously fixed.

2. As regards the recovery, the issue 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. As regards the refixation, we do not see any grievance for the petitioner as the wrong fixation has been rectified. Hence, while sustaining the re-fixation, we only set aside the orders of recovery. Any amount recovered pursuant to the orders impugned in this writ petition, the same shall be repaid to the petitioner within a period of twelve weeks from the date of receipt of a copy of this 2/4

order.

3. Accordingly, this Writ Petition is partly allowed, while sustaining the order of re-fixation, the order of recovery alone is set aside. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.)(K. GOVINDARAJAN THILAKAVADI, J.) 12.06.2025 Jv Index: No Speaking order To

1. The Principal District Judge, Krishnagiri District Court, Krishnagiri.

2. The Chief Adminstrative Officer, O/o. The Principal District Court, Krishnagiri.

3. The Presiding Officer, Labour Court, Hosur.

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R.SUBRAMANIAN, J.

and K. GOVINDARAJAN THILAKAVADI jv Writ Petition No. 20226 of 2025 12.06.2025 4/4