Allowed

G.Kanagasabai (Deceased) v. The Government of Tamil Nadu

Madras HC7 Jun 2024WP/44056/2016

Case brief

AI extract

What is this about?

A High Court bench allowed a writ petition quashing an order by the Deputy Registrar of Co-operative Societies that refixated a retired employee's pay scale and directed recovery of excess arrears. The court relied on Supreme Court precedent to set aside the recovery proceedings due to statutory hardship exemptions.

What did the court decide?

Quashing of the impugned order dated 06.10.2016 and direction to restore the pay fixation prior to the impugned order and grant consequential benefits.

G.Kanagasabai (Deceased) Vs The Government of… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.44056 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.06.2024

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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W.P.No.44056 of 2016

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and

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W.M.P.No.37861 of 2016

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1.G.Kanagasabai (Deceased)

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2.K.Krishnaveni

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[P.2 - Substituted as LRs of deceased P.1, as per order dated 23.04.2024 in W.M.P.No.10795 of 2024 in W.P.No.44056 of 2016 by RKMJ]

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... Petitioners

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Vs.

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1.The Government of Tamil Nadu rep. by

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The Principal Secretary to Govt.

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Co-operation Food and Consumer Protection, Department, Fort St. George, Chennai - 600009

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2.The Registrar of Co-operative Societies, Chennai - 600010.

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3.The Deputy Registrar of Co-operative Societies, Cuddalore, Cudddalore District.

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...Respondents

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W.P.No.44056 of 2016

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to call for the records relating to the impugned order of the third respondent in Na.Ka.2163/ 2013 Pa dated 06.10.2016 and quash the same and direct the third respondent to restore the pay fixation which was in vogue prior to the impugned order and grant him all consequential benefits.

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For Petitioner : M/s.P.Rajendran

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: For Respondents (for R1) :Mr.V.Jeevagiridharan, AGP (for R.2 and R.3) :Mr.P.Ganesan, AGP

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O R D E R

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In the above writ petition, the petitioner seeks to challenge the

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order passed by the 3^rd respondent re-fixing his scale of pay and directing the recovery of the arrears already paid to him.

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The case of the petitioner is that he was initially appointed

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as an Office Assistant on 01.05.1971 and thereafter appointed as a

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Junior Assistant on 02.09.1996 and when he retired from service on

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28.02.2010, he was holding the post of Junior Inspector of

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Cooperative Societies in the office of the Deputy Registrar of the Cooperative Societies, Cuddalore.

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W.P.No.44056 of 2016

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The petitioner would submit that the Government of Tamil

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Nadu had issued a Government letter dated 08.11.2010, revising the Selection Grade and Special Grade scales of pay for the Ordinary Grade of 5200-20200 + GP of 2400 as follows:-

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(i) Selection Grade = 9300 - 34800 + GP 4200.

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(ii) Special Grade = 9300 - 34800 + GP 4400.

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Consequently, the petitioner’s pay was fixed in the Ordinary Grade Scale in the post of Junior Assistant. Since the post of Junior Assistant was not a promotional post, the Government clarified that these persons were entitled to the Selection Grade Scale of pay as

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mentioned above. i.e. Rs.9300-34800 + GP 4200 without restriction and this re-fixation was notionally with effect from 01.01.2006 with the monetary benefit being from 01.02.2011. The Government order had been communicated by the Registrar of Co-operative Societies, Chennati to the Additional Registrar, Chennai Region, all the Regional Joint Registrars and Joint Registrars (Public Distribution System) I & II, Chennai.

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W.P.No.44056 of 2016

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The petitioner had exercised his option to shift to the revised

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scale of pay on 03.09.2006. This option was exercised only on the basis of the Government according permission to the employees to exercise re-option to go over to the revised scale of pay between 01.01.2006 to 31.05.2009 as a one time measure. The petitioner’s

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pay was also accordingly revised. Thereafter, subsequent to the petitioner’s retirement, he has been served with a show cause notice dated 22.07.2016 issued by the Deputy Registrar of Cooperative Societies, Cuddalore/the 3rd respondent herein stating that the refixation has been withdrawn and the excess payment made should be recovered. It is challenging this order that the petitioner is before this

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Court.

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The learned counsel appearing for the petitioner would

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submit that the impugned order of the 3^rd respondent is against the dicta laid down by the Hon’ble Supreme Court in the judgement

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reported in (2015) 4 SCC 334 – State of Punjab and others Vs.

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Rafiz Masih (White Washer) and Others .

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W.P.No.44056 of 2016

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In the said judgment, the issue involved was the recovery of

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excess amount paid to the employees in excess of their entitlement and the consequent recovery of the excess amount paid. After discussing the law at the relevant point in time and the various judicial pronouncements, the Hon’ble Supreme Court has ultimately held as follows:-

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" 18 . It is not possible to postulate all situations

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of hardship, which would govern employees on the

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issue of recovery, where payments have mistakenly

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been made by the employer, in excess of their

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entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference,

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summarise the following few situations, wherein recoveries by the employers, would be impermissible in

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law:-

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(i) Recovery from employees belonging to Class-

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III and Class-IV service (or Group 'C' and Group 'D'

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W.P.No.44056 of 2016

service).

employees who are due to retire within one year, of the

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order of recovery.

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(iii) Recovery from employees, when the excess

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payment has been made for a period in excess of five

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years, before the order of recovery is issued.

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(iv) Recovery in cases where an employee has

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wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even

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though he should have rightfully been required to work against an inferior post.

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(v) In any other case, where the Court arrives at

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the conclusion, that recovery if made from the

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employee, would be iniquitous or harsh or arbitrary to

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such an extent, as would far outweigh the equitable

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balance of the employer's right to recover."

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W.P.No.44056 of 2016

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The case of the petitioner is covered under Paragraph

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No.18(ii) of the judgment cited supra. Therefore, the recovery

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proceedings initiated by the 3^rd respondent has to necessarily be set aside.

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Accordingly, the writ petition stands allowed, quashing the impugned order dated 06.10.2016 passed by the 3rd respondent in Na.Ka.2163/2013 Pa and directing the 3rd respondent to restore the pay fixation which was in vogue prior to the impugned order and grant him all consequential benefits. No costs. Consequently, the connected Miscellaneous Petition is closed.

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07.06.2024

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(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

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https://www.mhc.tn.gov.in/judis

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W.P.No.44056 of 2016

1.The Government of Tamil Nadu rep. by The Principal Secretary to Govt. Co-operation Food and Consumer Protection, Department, Fort St. George, Chennai - 600009

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2.The Registrar of Co-operative Societies, Chennai - 600010.

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3.The Deputy Registrar of Co-operative Societies, Cuddalore, Cudddalore District.

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W.P.No.44056 of 2016

P.T. ASHA. J.,

(shr)

W.P.No.44056 of 2016 and W.M.P.No.37861 of 2016

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07.06.2024

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https://www.mhc.tn.gov.in/judis

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G.Kanagasabai (Deceased) v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

G.Kanagasabai (Deceased) v. The Government of Tamil Nadu

Case brief

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