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Madras High CourtWP/50182/2025disposed of with direction

C.Jayakumar v. State Of Tamilnadu

2026-01-06Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 50182 of 2025 & W.M.P.Nos.56138 & 56140 of 2025 C.Jayakumar S/o. Chinnandy, Mettuthangal Village, M. Vellalapatty Post, Uthangarai Taluk, Krishnagiri District -635 304 ..Petitioner Vs

1. State Of Tamilnadu Represented By Its Secretary To Government School Education Department, Secretariat, Chennai-600 009

2. State Of Tamilnadu Represented By Its Secretary To Government, Personnel and Administrative Reforms (FR,IV) Department, Secretariat, Chennai-600 009

3. Director Of School Education, DPI Campus, College Road,

4. Joint Director Of School Education (staff) DPI Campus, College Road,

5. The Chief Educational Officer Chief Educational Office, Krishnagiri District-635001

6. The District Educational Officer, District Educational Office, Krishnagiri District -635001 __________Page 1 of 6

7. The Regional Accounts Officer (Audit) Department Of School Education, DPI Campus, College Road,

8. The Head Master, Government High School, M.Vellalapatti Post, Uthangarai Taluk, Krishnagiri District - 635 304 ..Respondent(s) Prayer:

Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire records relating to the 5th respondent's impugned proceedings Na.Ka.No.4900/Aa6/2019 dated 21.10.2019 and quash the same and further direct the respondents to continue to dispense the same allowance without any reduction or recovery. For Petitioner:

Mr. J.Agni Selvaraju For Respondents:

Ms.Mythreye Chandru Special Government Pleader

ORDER

Challenging the impugned proceedings of the fifth respondent in Na.Ka.No.4900/Aa6/2019 dated 21.10.2019, the present Writ Petition has been filed. Further, the petitioner has sought for a direction to the respondents to continue to disburse the same allowance without any reduction or recovery.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents. With the consent __________Page 2 of 6

of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. The brief facts of the case is as follows: 3.1. The petitioner was given full additional charge of Head Master on the transfer of one Palaniyammal at Government High School, M.Vellalapatti, Krishnagiri District from 23.08.2016 to 03.08.20218 and he has also received the additional charge allowance through the proceedings of the fifth respondent. While so, the fourth respondent passed an order of recovery of additional pay for holding full additional charge from the petitioner due to audit objections on 16.07.2019, without any prior notice and based on the said recovery order, the fifth respondent has passed the impugned order dated 21.10.2019. In regard to the same, the petitioner has sent a representation to the respondents 1 to 5 and 7 to conduct an enquiry in respect of the recovery issue and to cancel the impugned orders, however, there was no response. Hence, the present Writ Petition.

4. The learned counsel for the petitioner submitted that it would be suffice that there may be a direction to the third respondent to dispose of the petitioner's representation dated 14.11.2025. __________Page 3 of 6

5. The learned Special Government Pleader submitted that if the respondents have not recovered the excess amount from the petitioner so far, the same will not be recovered till the disposal of the petitioner's representation.

6. Considering the facts and circumstances of the case and also recording the submissions made by the learned Special Government Pleader, this Court directs the third respondent to consider the petitioner's representation dated 14.11.2025 in regard to the impugned orders of recovery of the fourth and fifth respondent dated 16.07.2019 and 21.10.2019 respectively and to dispose the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till such time, the official respondents are directed not to recover any amount from the petitioner.

7. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no orders as to costs.

06.01.2026 Index: Yes/No Speaking/Non-speaking order DP __________Page 4 of 6

To

1. The Secretary To Government, State Of Tamil Nadu, School Education Department, Secretariat, Chennai-600 009

2. The Secretary To Government, State Of Tamil Nadu Personnel And Administrative Reforms (FR,IV) Department, Secretariat, Chennai-600 009

3. The Director Of School Education, DPI Campus, College Road,

4. The Joint Director Of School Education (Staff), DPI Campus, College Road, Chennai-600 006

5. The Chief Educational Officer, Chief Educational Office, Krishnagiri District-635001

6. The District Educational Officer, District Educational Office, Krishnagiri District -635001

7. The Regional Accounts Officer (Audit), Department Of School Education, DPI Campus, College Road, Chennai-600 006

8. The Head Master, Government High School, M.Vellalapatti Post, Uthangarai Taluk, Krishnagiri District - 635 304 __________Page 5 of 6

M.DHANDAPANI, J.

DP WP No. 50182 of 2025 & W.M.P.Nos.56138 & 56140 of 2025 06.01.2026 __________Page 6 of 6