R.Tamilselvi Vs the Principal District Judge — Writ and Judicial Review | Madras HC (2025)

R.Tamilselvi Vs the Principal District Judge — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Order of recovery set aside while the order of re-fixation is sustained; any amount already recovered pursuant to the impugned orders to be repaid to the petitioner within twelve weeks; no order as to costs; connected miscellaneous petition (WMP No.23544 of 2025) closed.

Issue for consideration

Whether the recovery of Rs.1,90,409/- from the petitioner as excess pay and allowance due to wrong fixation of pay for the period 01.11.2009 to 31.08.2022, pursuant to the notice dated 03.02.2023, can be sustained. +1 more

Court's answer

The issue of recovery of excess payment is covered by the judgment of the Hon'ble Supreme Court in State of Punjab and Others Vs. Rafiq Masih (White Washer's case), AIR 2015 SC 696, and on that basis the orders of recovery are set aside.

Ratio / Principle

While sustaining the re-fixation of pay, the Court set aside only the orders of recovery; any amount already recovered pursuant to the orders impugned in the writ petition is to be repaid to the petitioner within twelve weeks from receipt of a copy of the order.

Key takeaways

No grievance remains for the petitioner as regards the refixation of salary, since the wrong fixation has been rectified; the re-fixation is sustained.ratio¶27
Amounts recovered pursuant to the impugned orders shall be repaid to the petitioner within twelve weeks from the date of receipt of a copy of this order.ratio¶31

Detailed headnote1 paragraphs

Writ Petition (Article 226) filed by R. Tamil Selvi before the High Court of Judicature at Madras challenging the notice dated 03.02.2023 issued by the Chief Adminstrative Officer, O/o. The Principal District Court, Krishnagiri, seeking recovery of Rs.1,90,409/- from her as excess pay and allowance arising out of wrong fixation of pay for the period 01.11.2009 to 31.08.2022. The Division Bench (R. Subramanian and K. Govindarajan Thilakavadi, JJ.) held that the question of recovery is covered by the Supreme Court judgment in State of Punjab and Others Vs. Rafiq Masih (White Washer's case), AIR 2015 SC 696. While sustaining the re-fixation of salary (no grievance remaining since the wrong fixation was rectified), the Court set aside only the orders of recovery and directed that any amount recovered pursuant to the impugned orders shall be repaid to the petitioner within twelve weeks of receipt of a copy of the order. Writ Petition partly allowed; no costs; connected miscellaneous petition closed. Dated 12.06.2025.

W.P.No.20848 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND

THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI

Writ Petition No. 20848 of 2025 and WMP No.23544 of 2025

R. Tamil Selvi .. Petitioner

Vs.

The Principal District Judge, Krishnagiri District Court, Krishnagiri.

The Chief Adminstrative Officer, O/o. The Principal District Court, Krishnagiri.

The Presiding Officer, Labour Court, Hosur. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorari, calling for records pertaining to the impugned Notice dated 03.02.2023 of the second respondent to recover Rs.1,90,409/- from the petitioner, as excess pay and allowance due to wrong

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W.P.No.20848 of 2025

as illegal.

fixation of pay for the period 01.11.2009 to 31.08.2022 and quash the same as illegal.

For Petitioner : Mr.A.E.Ravichandran

For Respondents : Mr.S.Thangavel

ORDER

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

Challenge is to the impugned notice issued by the second respondent,

consequent upon refixation of the salary of the petitoner, which was erroneously fixed.

As regards the recovery, the issue 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 refixation, 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 orders of recovery. Any amount recovered pursuant to the orders impugned in this writ petition, the same shall be repaid to the petitioner

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W.P.No.20848 of 2025

within a period of twelve weeks from the date of receipt of a copy of this

order.

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

the order of re-fixation, the order of recovery alone is set aside. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.)(K. GOVINDARAJAN THILAKAVADI, J.) 12.06.2025

Jv

Index: No Speaking order

Neutral Citation: No To

The Principal District Judge, Krishnagiri District Court, Krishnagiri.

The Chief Adminstrative Officer, O/o. The Principal District Court, Krishnagiri.

The Presiding Officer, Labour Court, Hosur.

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W.P.No.20848 of 2025

R.SUBRAMANIAN, J. and K. GOVINDARAJAN THILAKAVADI

jv

Writ Petition No. 20848 of 2025

12.06.2025

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