Partly allowed¶32

C.Rameshkumar v. the Registrar Generl

Madras HC10 Jun 2025WP/20521/2025

Case brief

AI extract

What is this about?

Recovery of excess payment from Group-C employee; pay re-fixation; State of Punjab v. Rafiq Masih (White Washer's case) AIR 2015 SC 696; Article 226 Constitution of India; writ of certiorarified mandamus; Letter No.2089/2025 dated 17.03.2025; Principal District Judge, Erode; Registrar General, High Court of Madras; refund of Rs.2,96,790/-; repayment within twelve weeks; writ petition partly allowed; no costs; connected W.M.P.No. 23175 of 2025 closed; Madras High Court; decision date 10.06.2025.

What did the court decide?

Order of recovery dated 17.03.2025 set aside while sustaining the re-fixation; respondents directed to repay any amount recovered pursuant to the impugned order within twelve weeks; no costs; connected W.M.P.No. 23175 of 2025 closed. ¶32

C.Rameshkumar Vs the Registrar Generl — Writ and Judicial Review | Madras HC (2025)

¶1

W.P.No.20521of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 10.06.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

¶6

AND

¶7

THE HONOURABLE MRS.JUSTICE GOVINDARAJAN THILAKAVADI

¶8

W.P.No. 20521 of 2025

¶9

and

¶10

W.M.P.No. 23175 of 2025

C.Rameshkumar

... Petitioner

Vs.

1.The Registrar General, High Court of Madras, Chennai - 600 104.

¶15

2.The Principal Secretary to Government, Home (Court V) Department, Secretariat Building, Fort St. George, Chennai – 9.

¶16

3.The Principal District Judge, Erode.

¶17

4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Teynampet, Chennai – 600 018. ... Respondents

¶18

PRAYER: Writ Petition filed under Article 226 of the Constitution of India parying to issue a Writ of Certiorarified Mandamus, to Letter No.2089 / 2025 dated 17.03.2025 on the file of the 3^rd respondent and quash the same as illegal and without jurisdiction and consequently direct the respondents to refund a sum of Rs.2,96,790/- recovered from the petitioner.

¶19

¶20

Page No.: 1 of 5

¶21

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

¶22

W.P.No.15422 of 2025

¶23

For Petitioner : Mr.K.Sharath Chandran For Respondents : Mr.V.Balamurugan Standing Counsel for R1 & R3 Mr.T.Chandrasekaran Special Govt. Pleader for R2 & R4 ******

¶24

O R D E R

¶25

(Order of the Court was made by R.SUBRAMANIAN, J. )

¶26

Challenge is to the orders of recovery passed by the 3^rd respondent dated 17.03.2025.

¶27

Admittedly, the petitioner is a Group-C Employee and the issue

¶28

regarding recovery is covered by the judgment of the Hon'ble Supreme Court in State of Punjab and Others Vs. Rafiq Masih (White Washer's case) reported in AIR 2015 SC 696. As regards the re-fixation, we do not see any grievance for the petitioner as the wrong fixation has been rectified. Hence, while sustaining the re-fixation, we only set aside the order of recovery. Any amount recovered pursuant to the order impugned in this writ petition, the same shall be repaid to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

¶29

-------------------Page No.: 2 of 5

¶30

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

¶31

W.P.No.20521of 2025

¶32

3. Accordingly, this Writ Petition is partly allowed, while sustaining the

¶33

order of re-fixation, the order of recovery alone is set aside. No costs. Consequently, the connected miscellaneous petition is closed.

¶34

(R.S.M., J.) (K.G.T., J.) 10.06.2025