S.Ravi v. The Principal Accountant General Of Tamil Nadu (Ae)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.27881 of 2025 and W.M.P(MD)No.21656 of 2025 S.Ravi

...Petitioner

Vs 1.The Principal Accountant General of Tamil Nadu (A and E), Office of the Principal Accountant General (A and E), 361, Anna Salai, Chennai - 600 018.

2.The Block Medical Officer, Government Primary Health Centre, Vallam, Thanjavur District.

3.The Block Medical Officer, Government Primary Health Centre, Aandimadam, Ariyalur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Na.Ka.No.464/AaSuNe/2023 dated 07.03.2025 in respect of the alleged recovery of excess payment due to wrongful fixation of pay increment for the period from 01.08.2010 to 1/5

31.03.2023 amounting to Rs.2,81,457/- and quash the same as illegal arbitrary and in violation of the principles of natural justice and consequently to direct the respondents to refund the sum of Rs.2,81,457/- with interest at the rate of 12% per annum to the petitioner within a time frame fixed by this Court.

For Petitioner : Mr.T.Pradeep For R1 : M/s.S.Mahalakshmi Standing Counsel For R2 & R3 : Mr.M.Siddharthan Additional Government Pleader

O R D E R

This writ petition has been filed for a writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the third respondent in his proceedings in Na.Ka.No. 464/AaSuNe/2023 dated 07.03.2025 in respect of the alleged recovery of excess payment due to wrongful fixation of pay increment for the period from 01.08.2010 to 31.03.2023 amounting to Rs.2,81,457/- and quash the same as illegal arbitrary and in violation of the principles of natural justice and consequently to direct the respondents to refund the sum of Rs.2,81,457/- with interest at the rate of 12% per annum to the petitioner within a time frame fixed by this Court.

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2. The order of recovery has been made based on the re-fixation of pay after the retirement of the petitioner from service. Applying the principle laid down by the Hon'ble Supreme Court in the case of State of Punjab and others Vs.Rafiq Masih (White Washer), no recovery can be effected after superannuation of the employee. Hence, the recovery made by the respondents from the petitioner is contrary to the decision of the Hon'ble Supreme Court as stated supra.

3. In view of the same, the writ petition stands disposed of with a direction to the respondents to refund the amount recovered from the petitioner. However, the respondents are at liberty to refix the petitioner's salary after affording him an opportunity of hearing. Such exercise shall be completed by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. This order shall not preclude the respondents from disbursing the pensionary benefits to the petitioner. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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To:

1.The Principal Accountant General of Tamil Nadu (A and E), Office of the Principal Accountant General (A and E), 361, Anna Salai, Chennai - 600 018.

2.The Block Medical Officer, Government Primary Health Centre, Vallam, Thanjavur District.

3.The Block Medical Officer, Government Primary Health Centre, Aandimadam, Ariyalur District.

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K.KUMARESH BABU , J.

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