A.Sikkandar Basha v. The Registrar General
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No. 38619 of 2024 and W.M.P.Nos. 41824, 41825 & 41827 of 2024 A.Sikkandar Basha
...Petitioner
Vs.
1.The Registrar General, High Court of Madras, High Court Campus, Chennai - 600104.
2.The Principal Secretary to Government, Home (Court V) Department, Fort. Saint George, Chennai - 9.
3.The Principal District Court, Krishnagiri.
4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai - 600 018.
5.The District Treasury Officer, Krishnagiri.
6.The Additional District Court, Hosur.
...Respondents
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Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 24.01.2023 vide ROC No.178 of 2023 passed by the 6th respondent and quash the same as illegal and consequently direct the respondents to continue to pay at the existing fixation of pay and not to recover the alleged excess amount paid to the petitioner. For Petitioner : Mr.A.Sakthivel For Respondents : Mr.S.Arjun Suresh Standing Counsel for R1, R3 & R6 Mr.S.John J.Raja Singh Addl. Govt. Pleader for R2, R4 & R5
O R D E R
Challenge is to the order dated 24.01.2023, in and by which, the salary disbursement Officer / the Additional District Judge, Hosur had directed recovery of a sum of Rs.1,94,010/- from the petitioner in 30 monthly installments. Recovery was ordered based on the audit objections made by the Audit Wing of the High Court, on the ground that the petitioner was sanctioned with an inadmissible increment, upon his transfer from the post of Night Watchman to the post of Junior Bailiff with effect from 06.04.2010. In and by the very same proceedings, the salary disbursement 2/6
Officer had also re-fixed the salary of the petitioner, after allowing the admissible increments.
2. The main ground of challenge to the order is that recovery cannot be made. The question of 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. A Division Bench of this Court in P.Ponnusamy Vs. The Registrar General, High Court of Madras made in W.P.No.8952 etc., batch of 2023 dated 04.03.2024 has, after referring to the relevant precedents on the point held that recovery cannot be made but, the Division Bench in the said judgment has also pointed out, re-fixation that has been done in accordance with pay rules shall be sustained. The said judgment, in our opinion, squarely covers the issue raised in this writ petition also.
3. In view of the same, this Writ Petition is partly allowed, quashing the order to the extent that it directs the recovery of the excess amount paid to the petitioner. The re-fixation done is sustained. If any recovery had been made, the amount recovered alone shall be repaid to the petitioner 3/6
within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, W.M.P.No.41827 of 2024 filed for a direction to refund the amount that had been recovered from the petitioner is allowed and other connected miscellaneous petitions are closed. No costs. (R.S.M., J.) (G.A.M., J.) 13.02.2025 kkn Internet:Yes Index: No Speaking 4/6
To:
1.The Registrar General, High Court of Madras, High Court Campus, Chennai - 600104.
2.The Principal Secretary to Government, Home (Court V) Department, Fort. Saint George, Chennai - 9.
3.The Principal District Court, Krishnagiri.
4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai - 600 018.
5.The District Treasury Officer, Krishnagiri.
6.The Additional District Court, Hosur.
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R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
KKN W.P.No. 38619 of 2024 and W.M.P.Nos. 41824, 41825 & 41827 of 2024 13.02.2025 6/6