Dismissed¶33

The State of Tamil Nadu v. M. Srinivasan

Madras HC2 Feb 2026/4028/2025

Case brief

AI extract

What is this about?

Writ appeal, Madras High Court, decided 02-02-2026 (R. Suresh Kumar & Shamim Ahmed, JJ.). Keywords: recovery of excess pay; wrongly fixed pay; retirement; severance of employer–employee relationship; post-retirement recovery impermissible; State of Punjab v. Rafiq Masih (White Washer), 2015(4) SCC 334; Clause XV Letters Patent; Tamil Nadu police; Special Sub Inspector; no costs. Holding: recovery of Rs.1,12,237/- as excess pay from a retired Special Sub Inspector (recovery ordered seven months after retirement) is impermissible in law per Rafiq Masih; Writ Court's order setting aside the recovery upheld and the writ appeal dismissed.

What did the court decide?

No relief to the appellants; writ appeal dismissed with no costs and the connected miscellaneous petition (CMP No. 32769 of 2025) closed. ¶33

The State of Tamil Nadu Vs M. Srinivasan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the appellants; writ appeal dismissed with no costs and the connected miscellaneous petition (CMP No. 32769 of 2025) closed.

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Issue for consideration

Whether the recovery of Rs.1,12,237/- as wrongly fixed excess pay from the respondent, ordered on 31.12.2022 after his retirement on 31.05.2022, is impermissible in law. +1 more

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Court's answer

As rightly held by the learned Writ Court, once the respondent/writ petitioner retired from service the employer–employee relationship severed, making this one of the situations in which recovery of wrongly paid excess pay is impermissible in law, as held by the Hon'ble Supreme Court in Rafiq Masih (White Washer).

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Ratio / Principle

Since the writ petition was allowed by applying the principles of the Hon'ble Supreme Court, there is no reason to interfere with the order of the learned Writ Court; the writ appeal fails and is dismissed, with no costs, and the connected miscellaneous petition is closed.

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Detailed headnote1 paragraphs

Madras High Court, Writ Appeal (Division Bench: R. Suresh Kumar, J. delivering the judgment of the Court, with Shamim Ahmed, J.), decided 02-02-2026 — WA No. 4028 of 2025 with CMP No. 32769 of 2025: Appeal by the State of Tamil Nadu and police authorities against the order dated 10.10.2025 in W.P.No.32584 of 2024, whereby the learned Writ Court had allowed the writ petition of M. Srinivasan, a retired Special Sub Inspector of Police (appointed 27.02.1986; retired on superannuation 31.05.2022) and set aside the order dated 31.12.2022 directing recovery of Rs.1,12,237/- as pay allegedly wrongly fixed. Following State of Punjab v. Rafiq Masih (White Washer), 2015(4) SCC 334, the Division Bench held that on retirement the employer–employee relationship stands severed, making recovery of wrongly paid excess pay impermissible in law, and found no reason to interfere with the Writ Court's order. Writ appeal dismissed; no costs; connected miscellaneous petition closed.

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WA No. 4028 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-02-2026

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CORAM

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THE HON'BLE MR JUSTICE R. SURESH KUMAR AND

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THE HON'BLE MR.JUSTICE SHAMIM AHMED

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WA No. 4028 of 2025 AND CMP NO. 32769 OF 2025

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The State Of Tamil Nadu Rep.by its Additional Chief Secretary to the Government, Home (Police) Department, Fort St. George, Chennai 9.

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The Director General of Police (L and O) (Head of Police Force), Office of the Director General of Police, Mylapore, Chennai 4.

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The Commissioner Of Police Chennai City Police, Vepery, Chennai 7.

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The Joint Commissioner Of Police Administrative Officer, South Zone Greater Chennai Police, Chennai.

..Appellants

M. Srinivasan

S/o.Murugesan (Late), Sub Inspector of Police (Retired) S.l.No. 34303, No.7/4, Sithalaisathanar Cross St, M.G.R.Nagar,K.K.Nagar, Chennai 78.

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..Respondent(s)

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Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 10.10.2025 made in WP.No. 32584/2024 .

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

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WA No. 4028 of 2025

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For Appellants : Mr.E.Veda Bagath Singh Special Government Pleader

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Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

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This intra Court appeal has been directed against the order passed by the

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learned Writ Court dated 10.10.2025 made in W.P.No.32584 of 2024.

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The respondent was the writ petitioner, who was initially appointed as Grade II Police Constable on 27.02.1986. After serving for long years, he attained the age of superannuation and retired on 31.05.2022 while he was working as Special Sub Inspector of Police. After seven months of his retirement ie., on 31.12.2022 an order has been passed, wherein it was stated that the pay has been wrongly fixed on the respondent / writ petitioner and therefore, excess pay has to be recovered to the extent of Rs.1,12,237/-. That order was impugned before the Writ Court.

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Learned Writ Court, having applied the principles laid down by the Hon’ble Supreme Court in State of Punjab -vs- Rafiq Masih (White Washer) etc., reported in 2015(4) SCC 334, allowed the writ petition by setting aside the order impugned before the Writ Court.

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

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WA No. 4028 of 2025

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We have heard Mr.E.Veda Bagath Singh, learned Special Government Pleader appearing for the petitioners.

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As has been rightly held by the learned Writ Court, once the respondent / writ petitioner retired from service, the employer – employee relationship severed and this was one of the situations, where recovery is impermissible in law as held by

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the Hon’ble Supreme Court in the Rafiq Masih (White Washer) case cited supra,

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Therefore, since the writ petition was allowed by applying the principles of the Hon’ble Supreme Court, we do not find any reason to interfere with the order passed by the learned Writ Court. The writ appeal fails and is liable to be dismissed. Accordingly, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(R.S.K.,J.) (S.S.A.,J.) 02-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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KST

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

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WA No. 4028 of 2025