The Secretary v. E.Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR & C.M.P.No.11205 of 2026

1. The Secretary Health And Family Welfare Department, Fort St George

2. The Director Publication and Preventive Medicine, DMS Complex, Chennai 600 006.

3. The Deputy Director of Health Services Now Renamed as District Health Officer, Cheyyar, Thiruvannamalai

4. The Block Medical Officer Government Primary Health Centre, Thellar 604 406.

Thiruvannamalali District ..Appellant(s) Vs

1. E.Kannan S/o. A. Elumalai,

2. Principal Account General of Tamil Nadu Office Of The Principal Accountant General, Accounts And Entitlements,

No. 361 Anna Salai,

3. The District Treasurer Officer Thiruvanamalai District

4. The Sub Treasury officer Vandavasi Taluk, Tiruvannamalai District ..Respondent(s) Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 25.06.2025 passed in WP No. 22773 of 2025. For Appellant(s):

Dr.R.Gowri State Government Pleader For Respondent(s):

Mr. S. C. Viswanath Learned Counsel For R1 (vide Court Order Date 09/04/2026) in Sr Stage Mr. P. Manorajan Learned Standing Counsel For R2

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) State preferred the present intra court appeal challenging the writ order dated 25.06.2025 in W.P.No.22773 of 2025.

2. The respondent was in Government service and his pay was revised by the Department based on the Government orders and Pay Rules in force. Subsequently, during the course of audit objection, the Department found that the fixation done was erroneous. Thus, a recovery was imposed in respect of

the payment made from the year 2006. The first respondent challenged the order of recovery and re-fixation. The learned single Judge relying on the judgment of the Supreme Court in the case of Stae of Punjab and Others Vs. Rafiq Masih (White Washer) and Others reported in (2015) 4 SCC 334 set aside the order of recovery and confirmed the re-fixation made by the Department in accordance with the Pay Rules.

3. Recovery of salary already paid in the year 2006 would result in hardship to the employee and therefore, the writ Court set aside the recovery and confirmed the re-fixation done correcting the fixation done erroneously. Thus, this Court does not find any infirmity in respect of the writ order impugned.

Accordingly, the writ appeal stands dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 02-06-2026 Index: Yes/No Speaking/Non-speaking order gpa

To

1. The Principal Account General of Tamil Nadu Office Of The Principal Accountant General, Accounts And Entitlements, No. 361 Anna Salai,

2. The District Treasure Officer Thiruvanamalia District

3. The Sub Treasury officer Vandavasi Taluk, Tiruvannamalai Districtj

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

gpa 02-06-2026