Madras High CourtWP/25494/2025partly allowed

M.Pakkiri, v. The Registrar General

2025-07-14Honourable Mr Justice R. Subramanian,Honourable Mr.Justice K. Surender4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER Writ Petition No.25494 of 2025 M.Pakkiri ... Petitioner Vs.

1. The Registrar General The Hon'ble High Court of Madras, High Court Building, Chennai 600 104.

2. The Principal District Judge, Villupuram District Court, Villupuram.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorarified Mandamus, to call for the records in impugned proceedings in D.No. /2023 dated .01.2023 passed by the second respondent for recovery of excess claim of pay and allowance of Rs.58,973/- for the period from 01.10.1998 to 30.09.2017 from the petitioner and quash the same, consequently direct the respondents to remit back the recovered amount of Rs.58,973/- to the petitioner within a time. 1/4

For Petitioner : Mr.G.Balamanikandan For Respondents : Mr.M.Palanimuthu, for R1 ********

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 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 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.) 14.07.2025 jv Internet : Yes Index : No : No Speaking order To

1. The Registrar General The Hon'ble High Court of Madras, High Court Building, Chennai 600 104.

2. The Principal District Judge, Villupuram District Court, Villupuram.

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R.SUBRAMANIAN, J.

and K.SURENDER , J.

jv Writ Petition No.25494 of 2025 14.07.2025 4/4