The Madurai Bench of the Madras High Court allowed a writ petition challenging an order for recovery of increments. Quashing the illegal recovery order, the court applied the Supreme Court judgment in State of Punjab vs. Rafiq Masih regarding treatment of Group-C employees.
The impugned order of recovery was quashed and the Writ Petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.17054 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022 CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.17054 of 2018 and W.M.P.(MD)No.15034, 15035 & 21908 of 2018
P.Esakkimuthu ...Petitioner
/Vs./
1.The Director of Animal Husbandry & Veterinary Services, O/o. the Directorate of Animal Husbandry & Veterinary Services, DMS Building, Thenapet,
Chennai – 6.
2.The Joint Director of Animal Husbandry & Veterinary Services, O/o. the Joint Director of Animal Husbandry & Veterinary Services,
Collectorate Compound, Thirunelveli, Thirunelveli District.
3.The Assistant Director of Animal Husbandry & Veterinary Services, O/o.the Assistant Director of Animal Husbandry & Veterinary Services,
Seranmahadevi, Thirunelveli District.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order of recovery passed by the third respondent in his proceedings in Se.Na.Ka.No.2573/Aa1/2017 dated 15.06.2018 insofar as the petitioner is concerned and quash the same as illegal.
For Petitioner : Mr.A.Nawaz Khan For Respondents : Mr.A.K.Manikkam Special Government Pleader
ORDER
Heard Mr.A.Nawaz Khan, learned counsel for the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader for the respondents.
2.The petitioner challenges an order passed by the Assistant Director of Animal Husbandry & Veterinary Services, arrayed as R3 seeking to recover increments paid to the petitioner herein. The order is assailed on the ground the petitioner falls within Group-C https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.17054 of 2018
category of employees and as such, no recovery can be effected from him, in line with the Judgment of the Hon'ble Supreme Court in the case of in the case of State of Punjab and others vs. Rafiq Masih (2015 (4) SCC 334).
3.Mr.A.K.Manikkam, learned Special Government Pleader would also fairly confirm and acquiesce to the factual status of the employee and the applicability of the Judgment as aforesaid.
4.Thus and in the light of the discussion as aforesaid, the impugned order of recovery is quashed and this Writ Petition allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Assistant Registrar (CS-II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Sm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
DMS Building, Thenapet, Chennai – 6.
2.The Joint Director of Animal Husbandry & Veterinary Services, O/o. the Joint Director of Animal Husbandry & Veterinary Services,
Collectorate Compound, Thirunelveli, Thirunelveli District.
3.The Assistant Director of Animal Husbandry & Veterinary Services, https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.17054 of 2018
O/o.the Assistant Director of Animal Husbandry & Veterinary Services,
Seranmahadevi, Thirunelveli District.
W.P.(MD)No.17054 of 2018
07.01.2022
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1 issue framed by the court
Whether increments paid to a Group-C employee are recoverable when the impugned order seeks recovery.
Colour shows how this judgement treated each authority
State of Punjab and others vs. Rafiq MasihApplied¶17
State of Punjab and others vs. Rafiq Masih (2015 (4) SCC 334) · Who else cites this
1 provisions across 1 enactments
P. Esakkimuthu
Director of Animal Husbandry & Veterinary Services
Joint Director of Animal Husbandry & Veterinary Services
Assistant Director of Animal Husbandry & Veterinary Services
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
