Madras High CourtWP/22663/2025partly allowed

R.Subramanian v. The Registrar General

2025-06-25Honourable Mr Justice R. Subramanian,Honourable Mr.Justice K. Surender5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K. SURENDER Writ Petition No. 22663 of 2025 and W.M.P.No.25508 of 2025 R.Subramanian .. Petitioner Vs.

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

2.The Judicial Magistrate No.II, Judicial Magistrate Court No.II, Panruti - 607 106.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorari, calling for the records of the impugned order made by the 2nd respondent in his impugned proceedings in Office Memorandum No.11/2025 dated 15.04.2025 and quash the same. 1/5

For Petitioner : Mr.P.Dinesh Kumar For Respondents : Ms.N.K.Kanthimathi ******

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J.) Challenge is to the order of recovery passed by the second respondent, consequent upon re-fixation of the salary of the petitioner, 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 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 order of recovery. If any amount recovered pursuant to the order impugned in this Writ Petition, the same 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.

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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. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) (K. SURENDER, J.) 25.06.2025 dsa Index : No Internet : Yes : No Speaking order 3/5

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

2.The Judicial Magistrate No.II, Judicial Magistrate Court No.II, Panruti - 607 106.

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R.SUBRAMANIAN, J.

and K. SURENDER, J.

dsa Writ Petition No. 22663 of 2025 25.06.2025 5/5