Ramesh Babu v. The Registral General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.145 & 146 of 2025 Ramesh Babu ... Petitioner Vs.
1.The Registrar General, High Court, Madras - 104.
2.The Principal Secretary to Government of Tamil Naud, Home (Court - V) Department, Secretariat, Chennai - 9.
3.The Principal District Judge, Krishnagiri, Krishnagiri District.
4.The Principal Accountant General, (A&E) AG's Office (Audit) Complex, Anna Salai, Roast Rever Garden, Teynampet Chennai - 600 018.
5.The Judicial Magistrate, Uthangarai, Krishnagiri District.
... Respondents Page No.: 1 of 5
------------------------- PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in connection with proceedings in Office Order No.34/2023 dated 08.06.2023 of 5th respondent, the Judicial Magistrate, Uthangarai, Krishnagiri District and quash the same with regard to petitioner salary recovery of Rs.4075/- from June 2023 into 45 instalments totally Rs.1,83,359/- (Rupees One Lakh eighty three thousand and three fifty nine only) from the petitioner's salary and consequently direct the respondents to return the amount already deducted from the petitioner.
For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.P.Kannan Kumar for R1, 3, 5 & 6 Mr.K.H.Ravi Kumar, Government Advocate for R2 Mr.P.Mano Rajan, Standing Counsel for R4 ****** C O M M O N O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) Challenge is to the order of re-fixation of the salary of the petitioner and consequent recovery.
Page No.: 2 of 5
2. The petitioner, who joined the service as full time Masalchi was promoted as Office Assistant. Consequent upon promotion, an increment was granted to him which was found to be incorrect, leading to issuance of the proceedings dated 08.06.2023, which is impugned in this writ petition.
3. In some cases, we have already held that while the re-fixation could be sustained, orders of recovery cannot be sustained, in view of 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.
4. Hence, this Writ Petition is partly allowed, the re-fixation is sustained and the orders of recovery alone are set aside. Any amount that is recovered from the petitioner consequent upon the impugned order shall be repaid to him within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.M.,J.) (G.A.M.,J.) 21.03.2025 dsa Index : No Page No.: 3 of 5
------------------------- : No Speaking order To 1.The Registrar General, High Court, Madras - 104.
2.The Principal Secretary to Government of Tamil Naud, Home (Court - V) Department, Secretariat, Chennai - 9.
3.The Principal District Judge, Krishnagiri, Krishnagiri District.
4.The Principal Accountant General, (A&E) AG's Office (Audit) Complex, Anna Salai, Roast Rever Garden, Teynampet Chennai - 600 018.
5.The Judicial Magistrate, Uthangarai, Krishnagiri District.
Page No.: 4 of 5
R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa 21.03.2025 Page No.: 5 of 5