P.Rajendran Vs The Secretary — Writ and Judicial Review | Madras HC (2026)

P.Rajendran Vs The Secretary — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned proceedings dated 04.05.2021 (R.No.306/A3/2019) set aside; connected Miscellaneous Petitions W.M.P.Nos.12584 to 12586 of 2021 closed; no costs.

Issue for consideration

Whether the proceedings in R.No.306/A3/2019 dated 04.05.2021 issued by the fourth respondent, seeking recovery of Rs.3,51,966/- from the petitioner as excess drawn amount, can be sustained. +1 more

Court's answer

In the facts of the present case, it was not shown that the excess payment made to the petitioner was on account of any misrepresentation by him during the period mentioned in the impugned order.

Ratio / Principle

It is a settled position of law, per State of Punjab v. Rafiq Masih (White Washers), (2015) 4 SCC 334, that no recovery can be made of amounts paid to employees in Group C and D, more particularly after they have retired from service.

Key takeaways

Applying the above Supreme Court law, this Court held in its earlier orders in W.P.Nos.33040, 25149, 10907, 30344 and 9243 of 2019 that no recovery can be made where the excess amount was paid to an employee without the fault of that employee.ratio¶33
For the reasons recorded in this Court's earlier orders (supra), the impugned order seeking recovery cannot be sustained.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (T. Vinod Kumar, J., 08.01.2026) - Recovery of excess payment - Retired Multipurpose Health Supervisor (retired 31.03.2020; Ground C category per impugned proceedings) challenged, under Article 226, proceedings R.No.306/A3/2019 dated 04.05.2021 of the Block Medical Officer, Government Primary Health Center, Vinaiteerthapuram, seeking recovery of Rs.3,51,966/- as excess drawn amount. Held, relying on State of Punjab v. Rafiq Masih (White Washers), (2015) 4 SCC 334, that no recovery can be made from Group C and D employees, more particularly after retirement; consistent with this Court's earlier orders in W.P.Nos.33040, 25149, 10907, 30344 and 9243 of 2019, where the excess was paid without the employee's fault. No misrepresentation by the petitioner was shown for the period in question. The impugned order cannot be sustained: writ petition allowed, impugned order set aside, connected miscellaneous petitions closed, no costs.

W.P.No.11838 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2026

CORAM:

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR

W.P.No.11838 of 2021

and

W.M.P.Nos.12584 to 12586 of 2021

P.Rajendran

... Petitioner

vs

The Secretary

Health and Family Welfare Department, Fort St. George, Chennai.

The Director, Public Health and Preventive Medicine, DMS Complex, Teynampet,

Chennai – 06.

The Deputy Director of Medical Services, Namakkal.

The Block Medical Officer, Government Primary Health Center, Vinaiteerthapuram, Namakkal District.

The Branch Manager, O/o. The Principal Accountant General (A & E), 361, Anna Salai, Chennai – 18. … Respondents

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W.P.No.11838 of 2021

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the proceedings in R.No.306/A3/2019 dated 04.05.2021 on the file of the fourth respondent and quash the same and pass orders.

For Petitioner : Mr.K.S.Gowtham for Mr.S.C.Vishwanth For Respondents : Mr.K.Tippusulthan Government Advocate for R1 to R4 : Mr.V.Vijayshankar Standing Counsel for R5

O R D E R

Heard the learned counsel for the petitioner, learned Government

Advocate for the respondents 1 to 4 and the learned Standing Counsel for the fifth respondent and perused the records.

The petitioner, by the writ petition, has assailed the action of the respondents in issuing the impugned proceedings dated 04.05.2021 whereby the respondents sought to recover an amount of Rs.3,51,966/- claiming the same to be excess drawn amount to which the petitioner is not entitled to.

Admittedly, the petitioner was working as Multipurpose Health Supervisor. Further, the impugned proceedings itself records that the petitioner having retired from service on 31.03.2020 and that the position in which, the

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W.P.No.11838 of 2021

petitioner had retired from service falls under Ground “C” category of employment. It is a settled position of law that in respect of amount paid to the employees in Group “C” and “D” is concerned, no recovery can be made, more particularly, after having retired from service.[ State of Punjab and others V. Rafiq Masih(White Washers) and others reported in 2015 (4) SCC 334]

This Court in various decisions like in W.P.Nos.33040, 25149, 10907, 30344 and 9243 of 2019 applying the aforesaid law laid down by the Hon’ble Supreme Court in respect of employees falling under Group “C” and “D”, has held that no recovery can be made, as the excess amount paid to an employee is without the fault of the said employee.

Even in the facts of the present case, it is not shown to this Court that the excess payment made to the petitioner is on account of any misrepresentation by him during the period mentioned in the impugned order.

In view of the above, for the reasons recorded by this Court in earlier orders (supra), this Court is of the view that the impugned order cannot be sustained.

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W.P.No.11838 of 2021

Accordingly, this Writ Petition is allowed and the impugned order is

set aside. Consequently, connected Miscellaneous Petitions are closed. No costs.

08.01.2026

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

To

The Secretary Health and Family Welfare Department, Fort St. George, Chennai.

The Director, Public Health and Preventive Medicine, DMS Complex, Teynampet, Chennai – 06.

The Deputy Director of Medical Services, Namakkal.

The Block Medical Officer, Government Primary Health Center, Vinaiteerthapuram, Namakkal District.

The Branch Manager, O/o. The Principal Accountant General (A & E), 361, Anna Salai, Chennai – 18.

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W.P.No.11838 of 2021

T. VINOD KUMAR, J.

dh

W.P.No.11838 of 2021

08.01.2026

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