Madras High CourtWP/30385/2025partly allowed

C.Ramesh v. The State Of Tamilnadu

2025-08-14Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 30385 of 2025 & W.M.P.No. 34065 of 2025 C.Ramesh

...Petitioner

Vs.

1.The State of Tamilnadu Represented by Additional Chief Secretary to Government, Home (Police) Department, Fort st George, Chennai 600 009.

2.The Principal Accountant General 1 (A&E) Tamilnadu, Teynampet, Chenani 3.The Director General of Police (L&O) Head of Police Force, Office of the Director General of Police, Mylaore, Chennai 600 004.

4.The Commissioner of Police Vepery Chennai 1/8

5.The Joint Commissioner of Police Traffic (South), Chennai

...Respondents

Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, to call for the records pursuant to the impugned order issued by the 5th respondent in proceedings RC.No. Tr/Payfix/722/23337/2023 T.Z.O. No. 991/2023 dated 07.12.2023 and quash the same and to consequently direct the respondents 1 to 5 (i) to restore the pay of the petitioner and to accordingly refix his last drawn pay (ii) to refix his pension and pay the arrears of pension and (iii) to repay the petitioner the recovered amount of Rs. 2,20,510/-.

For Petitioner :

Mr. V.Lakshmi Narayanan For Respondents :

Mr. G.Nanmaran 1, 3 to 5 Special Government Pleader For Respondent 2:

Mr. L.Murail Krishnan

O R D E R

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The Writ Petition is filed for the following relief: "to call for the records pursuant to the impugned order issued by the 5th respondent in proceedings RC.No. Tr/Payfix/722/23337/2023 T.Z.O. No. 991/2023 dated 07.12.2023 and quash the same and to consequently direct the respondents 1 to 5 (i) to restore the pay of the petitioner and to accordingly re fix his last drawn pay (ii) to refix his pension and pay the arrears of pension and (iii) to repay the petitioner the recovered amount of Rs. 2,20,510/-".

2. The petitioner was appointed as a Grade II Police Constable in the Tamil Nadu Police Department on 20.02.1986. At the time of his superannuation he was holding the post of Sub Inspector of Police. He had attained superannuation on 30.11.2023, at which point in time he was working in New Washermanpet Police Station.

3. The petitioner would submit that he had attained 3/8

superannuation on 30.11.2023 and after retirement in the month of December 2023 he was issued with an impugned order of reduction and re fixation of his pay by proceedings dated 07.12.2023 and further recovery of a sum of Rs.2,20,510/- was also ordered.

4. The petitioner would submit that he was in no way responsible for the excess payment for the period from 01.10.1998 to 01.01.2023. Therefore aggrieved the petitioner is before this Court.

5. Heard the learned counsels for the petitioner and the respondents.

6. The issue of recovery was the subject matter of the Judgement of the State of Punjab Vs. Rafiq Masih (White Washer) etc., reported in 2015 (4) SCC 334. The Hon'ble supreme Court has held that the recovery cannot be done without issuing a show cause notice.

7. That apart, the Hon'ble Supreme Court had laid down five 4/8

contingencies where recovery by the employers was impermissible in law. One of which was recovering excess payment made 5 years before the order of recovery was issued.

8. In the Judgement of this Court in WP.No.6401 of 2025, this Court had directed refund of the money already recovered within a period of 6 weeks from the date of receipt of the order with interest at 6% p.a.

9. In the instant case also the impugned order directs that the sum of Rs.2,20,510/- should be recovered from the petitioner's pensionary benefits and credited to the Government account.

10. In the light of the aforesaid Judgement of this Court, the amount which has been paid to the petitioner as early as in the year 1998 cannot be sought to be recovered. In case the amount has been recovered the same shall be refunded to the petitioner within a period of 2 months from the date of receipt of a copy of this order. 5/8

11. Accordingly, the Writ Petition is partly allowed directing refund of the amounts recovered and with reference to the other relief pertaining to refixation the petitioner is directed to give a representation on such representation been made, the same shall be considered. Consequently, the connected miscellaneous petition is closed. No costs.

14.08.2025 Index : Yes/No Internet : Yes/No kan To 6/8

1.The State of Tamilnadu Represented by Additional Chief Secretary to Government, Home (Police) Department, Fort st George, Chennai 600 009.

4.The Commissioner of Police Vepery Chennai 5.The Joint Commissioner of Police Traffic (South), Chennai P.T. ASHA, J kan 7/8

W.P.No. 30385 of 2025 14.08.2025 8/8