The Block Medical Officer v. V. Kackum Perumal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P(MD)Nos.7792, 7794 & 7796 of 2026 1.W.A(MD)No.908 of 2026:
The Block Medical Officer, Government Primary Health Centre, T.Palur, Ariyalur District.
... Appellant/2nd Respondent vs.
1.V.Kackum Perumal ... 1st Respondent/Writ Petitioner 2.The Principal Accountant General of Tamil Nadu (A & E), ... 2nd Respondent/1st Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 19.11.2025 made in W.P(MD)No.26228 of 2025 on the file of this Court.
1/7
2.W.A(MD)No.909 of 2026:
The Chief Water Analyst, Regional Public Health Water Analysis Laboratory, Tirunelveli - 627 011.
... Appellant/2nd Respondent vs.
1.R.Poovendran ... 1st Respondent/Writ Petitioner 2.The Principal Accountant General of Tamil Nadu (A & E), ... 2nd Respondent/1st Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 19.11.2025 made in W.P(MD)No.26229 of 2025 on the file of this Court.
3.W.A(MD)No.909 of 2026:
1.The Block Medical Officer, Government Primary Health Centre, Vallam, Thanjavur District.
2.The Block Medical Officer, Government Primary Health Centre, Aandimadam, Ariyalur District.
... Appellants 1 & 2/Respondents 2 & 3 2/7
vs.
1.S.Ravi ... 1st Respondent/Writ Petitioner 2.The Principal Accountant General of Tamil Nadu (A & E), ... 2nd Respondent/1st Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 19.11.2025 made in W.P(MD)No.27881 of 2025 on the file of this Court.
In all W.As:
For Appellants : Mr.S.Venkatesh Counsel for State For Respondents : Ms.S.Mahalakshmi (R2) Standing Counsel COMMON JUDGMENT [Judgment of the Court was made by N.SATHISH KUMAR, J.] Challenging the orders of the learned Single Judge dated 19.11.2025 passed in W.P(MD)Nos.26228, 26229 & 27881 of 2025, 3/7
whereby the order of recovery came to be quashed, the second respondent therein have preferred the present Writ Appeals as appellant. 2.The first respondent herein/writ petitioners had originally filed the writ petitions challenging the proceedings dated 20.01.2025, 07.03.2025 and 27.02.2025 respectively relating to the recovery of the alleged excess payment said to have been made on account of erroneous fixation of pay and grant of increments for the period from 01.08.2010 to 31.10.2024, 01.08.2010 to 28.02.2025 and 01.08.2010 to 31.03.2023 respectively. 3.The learned Single Judge, applying the principle laid down by the Hon'ble Supreme Court in State of Punjab and Others Vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, disposed of the writ petitions and quashed the impugned recovery proceedings. Aggrieved by the same, the present Writ Appeals have been filed. 4/7
4.The learned counsel appearing for the appellant submitted that the recovery proceedings were initiated pursuant to G.O.Ms.No.286, Finance (Pension) Department, dated 28.08.2018. According to the learned counsel, paragraph 4 of the said Government Order itself provides that recovery shall be effected in accordance with the guidelines laid down by the Hon'ble Supreme Court in Rafiq Masih (White Washer's case) (cited supra). 5.We are unable to accept the said contention. Admittedly, the recovery sought to be effected pertains to alleged excess payments made for a period extending beyond five years. The case of the writ petitioners, therefore, squarely falls within the categories protected by the judgment of the Hon'ble Supreme Court in Rafiq Masih (White Washer's case). Consequently, the recovery proceedings cannot be sustained. 5/7
6.In such view of the matter, we find no infirmity in the orders passed by the learned Single Judge warranting interference in these Writ Appeals.
7.Accordingly, these Writ Appeals stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. [N.S.K.,J.] [M.J.R.,J.] 22.06.2026 NCC : Yes / No Index : Yes / No ps To The Principal Accountant General of Tamil Nadu (A & E), 6/7
N.SATHISH KUMAR ,J.
and M.JOTHIRAMAN,J.
ps DATED : 22.06.2026 7/7