WP No. 28934 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WP No. 28934 of 2025 & WMP.Nos.32475 & 32477 of 2025 A.Ghouse Maideen ..Petitioner(s) Vs 1. The Registrar General High Court of Madras, Chennai – 600 104. 2. The Principal Secretary of Government, Home (Court V) Secretariat Buildings, Fort St. George, Chennai - 600 009. 3. The Principal District Judge, Erode. 4. The Principal Accountant General (A & E) AG’s Office (Audit) Complex, Teynampet, Chennai - 600 018. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records of the proceedings of the 3rd respondent bearing A.No.785/2023, D. No.4770 dated 31.05.2024 and quash the same as illegal and without jurisdiction and direct the respondents to not recover the sum of Rs. 2,56,739/- from the petitioner and for consequential orders. For Petitioner(s): Mr.Harshavarthan for Mr.Sharath Chandran __________ Page1 of 6 https://www.mhc.tn.gov.in/judis WP No. 28934 of 2025 For Respondent(s): Mr. P. Kannan Kumar for R1 & R3 R2 – No appearance Mr.T.Ravikumar for R4 ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted to set aside the proceedings bearing A.No.785/2023, D.No.4770 dated 31.05.2024 passed by the 3rd respondent seeking to recover a sum of Rs.2,56,739/- from the petitioner towards excess pay and allowance paid to the petitioner. 2. The petitioner has retired from service on attaining superannuation on 31.05.2024 as Sheristadar, Magalir Neethimanram (Fast Track Court), Erode. The petitioner was initially appointed as Office Assistant on 13.02.1987 and later promoted to the post of Bench Clerk Grade III on 05.03.2011. The petitioner was sanctioned one increment for his promotion to the post of Bench Clerk Grade III from the post of Assistant. The writ petitioner was informed through impugned proceedings in A.No.785/2023, D.No.4770 dated 31.05.2024, that pursuant to the findings of internal audit wing of the High Court, the grant of sanction of one increment on the transfer from the post of Assistant to the post of Bench Clerk Grade – III was held inadmissible, as the post of Bench Clerk Grade III is to be created by redeployment from the post of Assistants, which are having identical scale of pay with Grade pay. Based on the audit objection, the pay was revised accordingly, and excess pay and allowances paid to the petitioner was sought to be recovered from his DCRG. __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP No. 28934 of 2025 3. Unjust gain of public money is impermissible under law. In such circumstances, the Authorities Competent are empowered to rectify the errors in fixation of pay and grant the correct pay as applicable. Thus, the revised pay fixation granted by the respondents in accordance with the Pay Rules and Government Orders shall continue. 4. However, the respondents are unable to establish that there was a misrepresentation on the part of the employee during fixation of pay. It is an error committed by the Establishment for which the petitioner cannot be penalised after a lapse of many years. Recovery of excess salary at this length of time would result in extreme hardship to the employee. 5. In this regard, the Hon'ble Supreme Court of India also enumerated the legal principles in the case of State of Punjab v. Rafiq Masih1 and held as hereunder: “18.It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, 1 2015 4 SCC 334 __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP No. 28934 of 2025 summarize the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service). (ii)Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery. (iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover. 6. In view of the facts and circumstances, the revision of pay effected pursuant to the Audit Objection is confirmed, but the recovery of excess pay __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP No. 28934 of 2025 shall not be made. The excess amount, if any, recovered on account of the impugned order is directed to be re-paid to the petitioner within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, the impugned order made in A.No.785/2023, D.No.4770 dated 31.05.2024 passed by 3rd respondent is set aside, with reference to the recovery of excess salary alone. 7. Accordingly, the Writ Petition stands partly allowed. Consequently, the connected Miscellaneous Petition are closed. No costs. (S.M.S.,J.) (N.S.,J.) 09-07-2026 Index: Yes Speaking order Neutral Citation: Yes/No TSG To 1. The Registrar General High Court of Madras, Chennai – 600 104. 2. The Principal Secretary of Government, Home (Court V) Secretariat Buildings, Fort St. George, Chennai - 600 009. 3. The Principal District Judge, Erode. 4. The Principal Accountant General (A & E) AG’s Office (Audit) Complex, Teynampet, Chennai - 600 018. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP No. 28934 of 2025 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TSG WP No. 28934 of 2025 & WMP.Nos.32475 & 32477 of 2025 09-07-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis