WP No. 29482 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. 29482 of 2025 & WMP.Nos.33045 & 33046 of 2025 D.Manoharan ..Petitioner(s) Vs 1. The Registrar General, High Court of Madras, Chennai. 2. The Principal District Judge, Krishnagiri - 635 001. 3. The Judicial Magistrate No.II Krishnagiri - 635 001. 4. The Sub Treasury Officer, Krishnagiri - 635 001. ..Respondent(s) Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records with respect of the impugned proceedings of the 3rd respondent dated 24.01.2025 and quash the same and consequently direct the respondents to continue to pay at the existing fixation of pay and not to recover the alleged excess amount paid to the petitioner. For Petitioner(s): Mr.R.Nalliyappan For Respondent(s): Mr.M.Fakkir Mohideen for RR1 to 3 R4 – No appearance __________ Page1 of 6 https://www.mhc.tn.gov.in/judis WP No. 29482 of 2025 ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted to set aside the impugned proceeding dated 24.01.2025 passed by 3rd respondent for recovery of excess pay and allowance of Rs.1,38,660/- from petitioner and to direct the respondents to continue to pay at the existing fixation of pay and not to recover the alleged excess amount paid to the petitioner. 2. The petitioner joined as Night Watchman on 25.05.2006. The petitioner was promoted as an Office Assistant on 01.11.2008 and thereafter, further promoted as Record Clerk on 01.07.2016. The petitioner was sanctioned one increment for his promotion as Office Assistant from the post of Night Watchman. The petitioner was informed by the Principal Sub Judge, Hosur through his show cause notice dated 21.06.2023 that pursuant to the internal audit wing of the High Court, the grant of sanction of one increment for his promotion as Office Assistant from the post of Night Watchman was held inadmissible to the petitioner. Thereafter, the petitioner had given a reply on 30.06.2023 to the Principal Sub Judge, Hosur. However, on 24.01.2025, the Judicial Magistrate – II, Krishnagiri passed the impugned order stating that, the grant of sanction of one increment for his promotion as Office Assistant from the post of Night Watchman was held inadmissible to the petitioner as Class IV Employees may be appointed to Class III posts only by way of transfer of service and not by promotion, even though the scale of pay for the __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP No. 29482 of 2025 above posts are identical. 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 salary. 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 1 2015 4 SCC 334 __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP No. 29482 of 2025 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: (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. __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP No. 29482 of 2025 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 alone is set aside. 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 dated 24.01.2025 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 is 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. 2. The Principal District Judge, Krishnagiri - 635 001. 3. The Judicial Magistrate No.II Krishnagiri - 635 001. 4. The Sub Treasury Officer, Krishnagiri - 635 001. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP No. 29482 of 2025 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TSG WP No. 29482 of 2025 & WMP.Nos.33045 & 33046 of 2025 09-07-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis