C.Rameshkumar v. The Registrar Generl

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE GOVINDARAJAN THILAKAVADI W.P.No. 20521 of 2025 and W.M.P.No. 23175 of 2025 C.Rameshkumar ... Petitioner Vs.

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

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

3.The Principal District Judge, Erode.

4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Teynampet, Chennai - 600 018.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India parying to issue a Writ of Certiorarified Mandamus, to Letter No.2089 / 2025 dated 17.03.2025 on the file of the 3rd respondent and quash the same as illegal and without jurisdiction and consequently direct the respondents to refund a sum of Rs.2,96,790/- recovered from the petitioner. Page No.: 1 of 5

W.P.No.15422 of 2025 For Petitioner : Mr.K.Sharath Chandran For Respondents : Mr.V.Balamurugan Standing Counsel for R1 & R3 Mr.T.Chandrasekaran Special Govt. Pleader for R2 & R4 ******

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) Challenge is to the orders of recovery passed by the 3rd respondent dated 17.03.2025.

2. Admittedly, the petitioner is a Group-C Employee and the issue regarding 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. As regards the re-fixation, 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 order of recovery. Any amount recovered pursuant to the order 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 order.

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3. Accordingly, this Writ Petition is partly allowed, while sustaining the order of re-fixation, the order of recovery alone is set aside. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M., J.) (K.G.T., J.) kkn Index : No : No Speaking order Page No.: 3 of 5

W.P.No.15422 of 2025 To 1.The Registrar General, High Court of Madras, Chennai - 600 104.

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

3.The Principal District Judge, Erode.

4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Teynampet, Chennai - 600 018.

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R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

KKN W.P.No. 20521 of 2025 and W.M.P.No. 23175 of 2025 Page No.: 5 of 5