M. Santhi v. the Registrar General
Case brief
What is this about?
Madras High Court writ petition under Article 226 (Certiorari) challenging recovery of excess salary: impugned R.O.C. No.1568/2025 dated 28.02.2025 by Principal District Judge, Dharmapuri; pay revision on internal audit objection of High Court; increment on promotion/transfer from Assistant to Bench Clerk Grade III (Justice Shetty Commission recommendations) held inadmissible; recovery of Rs.3,12,187/- sought from petitioner's DCRG after voluntary retirement on 05.02.2025 (Typist appointed 05.02.1997); principles of State of Punjab v. Rafiq Masih, (2015) 4 SCC 334 relied on (recoveries impermissible from Class III/IV employees, retirees, excess payments over five years, higher-post duties, harsh/iniquitous cases); no employee misrepresentation established; recovery after lapse of years = extreme hardship; revised pay fixation confirmed and continued; recovery alone set aside; refund of recovered excess within 12 weeks; writ petition partly allowed, miscellaneous petitions closed, no costs. Parties: M. Santhi (petitioner) v. Registrar General High Court of Madras, Principal Secretary Home (Court V) (no appearance), Principal District Judge Dharmapuri, Principal Accountant General (A&E). Advocates: Harshavarthan / K.Sharath Chandran (petitioner); P.Selvi (R1 & R3); T.Ravikumar (R4). Coram: S.M. Subramaniam J. (order authored by him) and N. Senthilkumar J.