B.Rathinavel v. the Sub Ordinate Judge
Case brief
What is this about?
Madras High Court writ petition (Art. 226, certiorarified mandamus) against Sub-ordinate Judge, Maduranthagam order re-fixing selection grade pay of a retired Junior Bailiff Selection Grade (appointed 2003) and ordering recovery from gratuity; recovery quashed following State of Punjab v. Rafiq Masih (AIR 2015 SC 696) and P.Ponnusamy v. Registrar General, High Court of Madras (W.P.No.8952 etc., batch of 2023); refixation sustained; pension re-worked; repayment of recovered amount within twelve weeks; excess-pay recovery from retired employee; gratuity; Office Note dated 04.11.2017; related order W.P.No.35261 of 2022 dated 15.02.2024.
What did the court decide?
Writ petition allowed; order of recovery set aside; re-fixation of pay sustained; pension to be re-worked as per the re-fixation; any amount already recovered to be repaid to the petitioner within twelve weeks; no costs; connected miscellaneous petition (W.M.P.No.35616 of 2024) closed.