Partly allowed¶34

The State Government Of Tamil Nadu v. G Thirunavukarasu

Writ Appeal (Madurai Bench) – Recovery of excess salary paid on wrong fixation of pay

Madras HC5 Dec 2025WA(MD)/914/2024

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Case brief

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What is this about?

Excess payment recovery; wrong fixation of pay; refund of recovered amount; 6% interest waived by consent; re-fixation of pay scale; Tamil Nadu Home (Police) Department; SP Office Thanjavur salary section; W.P(MD)No.3942 of 2020; Clause 15 Letters Patent writ appeal; Madurai Bench; partly allowed; no costs.

What did the court decide?

Repayment direction of the learned single Judge confirmed; 6% interest direction set aside by consent (interest waived by the first respondent); writ petitioners held entitled to revised re-fixation of pay and refund of any amount recovered; connected miscellaneous petition closed; no costs. ¶34

The State Government Of Tamil Nadu Vs G Thirunavukarasu — Madras HC (2025) — LawSathi Research

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W.A(md)No.914 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated:05.12.2025

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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AND

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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WA(MD)No.914 of 2024 and C.M.P(MD)No.6809 of 2024

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1.The State Government of Tamil Nadu, Represented through its Secretary, Home (Police) Department, Secretariat,

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Chennai.

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2.The Director General of Police, Chennai.

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3.The Deputy Inspector General of Police, Thanjavur Range, Thanjavur.

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4.The Superintendent of Police, Thanjavur.

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5.The Superintendent, Salary Section, Superintendent of Police Office, Thanjavur.

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6.The Administrative Officer, Superintendent of Police Office, Thanjavur.

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... Petitioners

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

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W.A(md)No.914 of 2024

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Vs.

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1.G.Thirunavukarasu ...1^st Respondent/Writ Petitioner 2.The Principal Accountant General(A&E) Annasalai, Chennai-16 ...2^nd Respondent/5^th Respondent

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Prayer : Writ Appeal filed under Clause 15 of Letters Patent, against the

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order dated 04.09.2023 passed by this Court in W.P(MD)No.3942 of 2020.

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For Petitioners : Mr.Veerakathiravan, Additional Advocate General-II Assisted by Mr.J.Ashok AGP For R1 : Mr.T.S.Mohamed Mohideen

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JUDGMENT

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(Judgment of the Court was delivered by DR.G.JAYACHANDRAN,J.)

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This writ appeal is arising out of the order passed by the learned single Judge in respect of the writ petition filed challenging the order of recovery of excess payment alleged to have been paid by wrong fixation of pay.

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2.The learned single Judge, after considering the admission made by the Special Government Pleader conceding that the recovery order is not sustainable, ordered re-fixation of pay scale to be restored. Accordingly, the learned single Judge also ordered repayment of the amount with 6% interest

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

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W.A(md)No.914 of 2024

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from the date of recovery till the date of realisation. The State, being aggrieved by the order of the repayment with interest, has preferred batch of appeals.

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3.When the matter is taken up for consideration, the learned Additional Advocate General -II, has circulated a proceedings of the Superintendent of Police, Thanjavur District, in C.No.S1/27500/2023, dated 05.12.2025, wherein it has been specifically stated that the appellants are not aggrieved by the repayment of the excess collected, however, the interest portion ordered by the learned single Judge be waived.

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4.The learned counsel appearing for the first respondent submitted that the respondents will be satisfied with the repayment of the excess amount collected and they are not insisting upon the interest portion ordered by the learned single Judge and they give up their right of claiming interest over the amount sought to be recovered.

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5.In view of the above fact, this writ appeal stands partly allowed confirming the order of the learned Single Judge directing the appellants to repay the amount recovered. The order passed regarding the payment of 6% interest from the date of recovery till the date of realisation is set aside by

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

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W.A(md)No.914 of 2024

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consent since waived by the respondent.

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6.As a result, the writ petitioners shall be entitled for revised refixation of pay and the refund of the amount if any recovered from him, pursuant to the wrong fixation of pay. Consequently, connected miscellaneous petition is also closed. No order as to costs.

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[G.J., J.] & [K.K.R.K., J.] 05.12.2025

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Index :Yes/No Internet :Yes Ns Note:Issue order copy on 09.12.2025

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

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W.A(md)No.914 of 2024

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