WP No. 18669 of 2025 Page No.1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR W.P.NO.18669 OF 2025 AND WMP NO.20899 OF 2025 E.Krishnamoorthy … Petitioner Vs. 1.The Sub-Judge Sub court, Gudalur, The Nilgiris District. 2.The Principal District Judge District Court Udhagamandalam, The Nilgiris District. 3.The Registrar General High Court of Judicature at Madras Chennai – 600 104. … Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned show cause notice of the 1st respondent vide https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.2 of 8 D.No.220/2020 dated 09.12.2020 and quash the same and consequently direct the respondents 1 to 3 to refund the recovered amount of Rs.73,159/- (Rupees Seventy three thousand one hundred fifty nine only). For Petitioner : Mr.C.Vidhusan For Respondents : Ms.Karthika Ashok O R D E R (Order of the Court was made by S.M.Subramaniam J.) Writ Petition has been instituted challenging the show cause notice dated 09.12.2020 issued by the first respondent. 2.The petitioner joined as Night Security Guard on 27.08.2001 and promoted to the post of Writer on 01.06.2012. He was retired from service on 31.05.2022. In 2020, the first respondent issued a show cause notice dated 09.12.2020 stating that pursuant to the findings of internal audit wing of the High Court, it was found that his pay was fixed wrongly at the time of pay fixation, leading to an excess payment that is liable to be recovered, for which the petitioner was granted time to submit his explanation. Further, the writ petitioner was informed through impugned show cause notice dated 09.12.2020 that pursuant to the https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.3 of 8 findings of internal audit wing of the High Court, the excess payment of Rs.73,159/- was sought to be recovered from the salary of the writ petitioner, for which the petitioner was granted time to submit his explanation. 3.Normally no Writ would lie against the show cause notice and the noticee on receipt is expected to submit their explanation in response to the notice defending his/her case. However, a writ would lie where the competent authority has issued the notice without jurisdiction. 4.The learned counsel for the petitioner would submit that an order of recovery was passed insisting the petitioner to file the writ petition. 5.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, in accordance with the Pay Rules and Government Orders. https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.4 of 8 6.Unless, 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. 7.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, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law: 12015 4 SCC 334 https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.5 of 8 (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. https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.6 of 8 8.This Court is of the view that if any recovery order is passed pursuant to the re-fixation of pay, such recovery alone is liable to be set aside. If no recovery is made, the recovery shall not be made for the excess payment. However, the re-fixation of pay shall be carried out strictly in accordance with the applicable Pay Rules and the Government Orders in force. 9.Accordingly, the writ petition stands disposed of. If any recovery has been made pursuant to the audit objection and show cause notice, the said amount is directed to be refunded to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [N.S., J.] 09.07.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.7 of 8 To 1.The Sub-Judge Sub court, Gudalur, The Nilgiris District. 2.The Principal District Judge District Court Udhagamandalam, The Nilgiris District. 3.The Registrar General High Court of Judicature at Madras Chennai – 600 104. https://www.mhc.tn.gov.in/judis WP No. 18669 of 2025 Page No.8 of 8 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TK WP NO.18669 OF 2025 09.07.2026 https://www.mhc.tn.gov.in/judis