A writ petition challenged re-fixation of a Junior Assistant's pay and ordered recovery of excess amounts paid after an audit objection. Court upheld the revised scale but quashed the recovery order, since the overpayment resulted from departmental error, not fraud or misrepresentation by the petitioner.
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.No.1582 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No. 1582 of 2020 and
W.M.P.No.1851 of 2020
C.Annadurai
.... Petitioner
Vs
.... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the concerned records from the second respondent, quash the order of the first respondent dated 26.12.2017 bearing No.A2/4731/2016 as illegal, arbitrary and contrary to law and consequently direct the respondents to restore the pay of the petitioner and further direct the respondents to refund the recovery made from his salary as illegal, arbitrary and contrary to law and consequently direct the respondents to restore the pay of the petitioner and further direct the respondents to refund the recovery made from his salary.
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W.P.No.1582 of 2020
For Petitioner : Mr.Balan Haridas For Respondents : Mr.V.Manoharan Additional Government Pleader
ORDER
This Writ Petition has been filed as against the order passed
by the first respondent dated 26.12.2017, thereby re-fixed the salary of
the petitioner and ordered to recover the excess amount.
perused the materials available on record.
17.05.1991. He was granted Selection Grade in the post of Junior Assistant and his pay was fixed in the scale of pay of Rs.9,30034,800+Grade pay of Rs.4,200/- with effect from 01.01.2006 and
monetary benefits were given with effect from 01.02.2011. As per G.O.Ms.No.234, dated 01.06.2009 and as per the Tamil Nadu Revised Scale of Pay Rules, 2009, his salary was fixed as Rs.13,500 + Rs.4,200 with effect from 01.01.2006. The benefit was given notionally from 01.01.2006 and monetary benefit was given with effect from 01.02.2011.
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W.P.No.1582 of 2020
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Consequently, connected miscellaneous petition is closed. No costs.
13.08.2024
Internet : Yes Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No Lpp
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W.P.No.1582 of 2020
To
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W.P.No.1582 of 2020
G.K.ILANTHIRAIYAN, J.
Lpp
W.P.No.1582 of 2020
13.08.2024
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2 issues framed by the court
Whether the pay re-fixation ordered by the first respondent was lawful.
Whether recovery of the excess salary paid due to wrong grade pay fixation should be permitted when the excess payment arose without any fault or misrepresentation by the employee.
1 provisions across 1 enactments
C.Annadurai
The Joint Director of Agriculture, Dharmapuri
The Deputy Director of Horticulture, Dharmapuri
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
