WA No. 1980 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 1980 of 2026 AND CMP NO. 17272 OF 2026 1. The State of Tamil Nadu Rep.by its Additional Chief Secretary to the Government, Home (Police) Department, Fort.St. George, Chennai-600009. 2. The Director General Of Police L And O (Head of Police Force), Office of the Director General of Police, Mylapore, Chennai- 600 004. 3. The Commissioner Of Police Vepery, Chennai-7. 4. The Joint Commissioner Of Police Traffic Zone South, Chennai. ..Appellants Vs P. Ramachandran S/o Late Perumal, Sub Inspector of police (Retired), S.I. No.10678, No.88, Kundumedu, Puthuvattaram, Thirumazisai, Chennai District. 124. ..Respondents https://www.mhc.tn.gov.in/judis WA No. 1980 of 2026 __________ Page2 of 4 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 06.10.2025 made in W.P.No.36178 of 2024. For Appellants : Dr.R.Gouri, Government Counsel For Respondent : Mr.V.Lakshmi Narayanan Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present writ appeal is filed to set aside the order dated 06.10.2025 made in W.P.No.36178 of 2024. 2. The Writ Court considered the issues and held that recovery of excess salary paid to the employee is impermissible in view of the ratio laid down by the Hon'ble Supreme Court in the case of State of Punjab -vs- Rafiq Masih (2015) 4 SCC 334. However, the writ Court has permitted the authorities to refix the pay as admissible and in accordance with the Pay Rules and Government Orders in force reiterating that arrears in fixation can be corrected by the authorities at any point of time. While doing so, if recovery is made after a prolonged period, it will result in hardship to the employees in the absence of any misrepresentation or clear undertaking, recovery need not be effect, but the authorities shall correct the fixation as per the Rules. Since that being the order passed by the writ Court, this Court https://www.mhc.tn.gov.in/judis WA No. 1980 of 2026 __________ Page3 of 4 does not find any infirmity in the order passed by the writ Court. However, the appellants are directed to refund the excess salary already recovered from the respondent within a period of twelve weeks from the date of receipt of a copy of this order. 3. With the above observations, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 1980 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 1980 of 2026 AND CMP NO. 17272 OF 2026 20-07-2026 https://www.mhc.tn.gov.in/judis