2026:MHC:2727 WP.No.45301 of 2025 __________ Page1 of 6 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. 45301 of 2025 M.Eswari ..Petitioner(s) Vs 1. The Registrar General High Court Of Judicature At Madras, High Court Buildings, Chennai- 600 104. 2. The Principal District Judge Vellore- 632 009. 3. The District Munsif Cum Judicial Magistrate Vellore- 632 009. 4. The Principal Accountant General (accounts And Entitlement) No.361, Anna Salai, Teynampet, Chennai. ..Respondent(s) Calling for the entire records connected with the impugned order passed by the 3rd respondent in Dis. No.1126/2019, dated 04.06.2019, in so as it pertains to order of recovery of pay and allowance of Rs.5,17,680 (Rupees Five Lakhs Seventeen Thousand and Six Eighty) alone and thereby effecting recovery from the DCRG Benefit and Quash the same and consequently DIRECT the respondents to refund the excess pay of Rs.5,17,680 (Rupees Five Lakhs Seventeen Thousand and Six Eighty ), deducted from the DCRG benefit of the petitioners Husband, along with applicable interest, within a time frame to be fixed by this Court. https://www.mhc.tn.gov.in/judis 2026:MHC:2727 WP.No.45301 of 2025 __________ Page2 of 6 For Petitioner(s): Mr.S.N.Ravichandran For Respondent(s): Mr.S.John J.Raja Singh for R1 - 3 Mr.V.Vijay Shankar for R4 ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted to set aside the order in Dis No:1126/2019 dated 04.06.2019 passed by 3rd respondent for recovery of excess pay and allowance of Rs.5,17,680/- from the DCRG benefit and direct the respondents to remit back the recovered amount and pass further orders as the court deems fit and proper in the interest of justice. 2. The petitioner's husband was appointedas a Copyist and was thereafter promoted as a Junior Assistant, followed by the post of Assistant, and finally promoted as a Head Clerk in the year 2013 and superannuated on 31.03.2019. Writ petitioner was informed through impugned proceedings in Dis.No. 1126/2019 dated 04.06.2019, that “The Grade Pay admitted for Selection Grade Copyist is Rs.2800/- from 01.01.2006 as per GO 217 and not as Rs. 4200/-. Hence difference in PLD. Revised entry may be made in SR from 01.01.2006 till retirement under proper attestation.” Hence, the pay of the petitioner's husband is revised vide GO.Ms.No.234 Finance (PC) Department, dated 01.06.2009. Pursuant to which, the respondents computed a sum of Rs.5,17,680/- as excess alleged pay and emoluments and ordered the same to be recovered. https://www.mhc.tn.gov.in/judis 2026:MHC:2727 WP.No.45301 of 2025 __________ Page3 of 6 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, 12015 4 SCC 334 https://www.mhc.tn.gov.in/judis 2026:MHC:2727 WP.No.45301 of 2025 __________ Page4 of 6 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 Government Order is confirmed, but the recovery of excess https://www.mhc.tn.gov.in/judis 2026:MHC:2727 WP.No.45301 of 2025 __________ Page5 of 6 pay alone is set aside. The excess amount 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 Dis.No. 1126/2019 dated 04.06.2019 passed by 3rd respondent is set aside, with reference to the recovery of excess pay alone. 7. Accordingly, the Writ Petition stands partly allowed. Consequently, the connected Miscellaneous Petition if any, stands closed. No costs. (S.M.S.,J.) (N.S.,J.) 09-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To 1. The Registrar General High Court Of Judicature At Madras, High Court Buildings, Chennai- 600 104. 2. The Principal District Judge Vellore- 632 009. 3. The District Munsif Cum Judicial Magistrate Vellore- 632 009. 4. The Principal Accountant General (accounts And Entitlement) No.361, Anna Salai, Teynampet, Chennai. https://www.mhc.tn.gov.in/judis 2026:MHC:2727 WP.No.45301 of 2025 __________ Page6 of 6 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. GD WP No. 45301 of 2025 09-07-2026 https://www.mhc.tn.gov.in/judis