2026:MHC:2862 WP No. 44117 of 2025 __________ Page1 of 4 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. 44117 of 2025 Jayaratchagan ..Petitioner(s) Vs 1. The Registrar General High Court, Madras-104 2. The Additional District Judge Hosur, Krishnagiri District. 3. The Sub-judge, Uathangarai, Krishnagiri District. 4. The District Treasury Officer Krishnagiri District. ..Respondent(s) Directing the respondents to return Rs.28,410/- to the petitioner alleging excess salary paid to the petitioner. For Petitioner(s): Mr. K. Thiruvengadam For Respondent(s): Mrs.Karthika Ashok for R1-3 No appearance for R4 ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted to direct the respondents to refund the recovered amount of Rs.28,410/-. https://www.mhc.tn.gov.in/judis 2026:MHC:2862 WP No. 44117 of 2025 __________ Page2 of 4 2. Petitioner was awarded one increment by the establishment. The said increment was subsequently ordered to be recovered on the ground that it was erroneously granted. 3. Learned counsel for the petitioner would submit that he had deposited the alleged excess money paid to him to the tune of Rs.28,410/- in the treasury by e-challan dated 27.02.2023. However, petitioner came to understand that Courts have held that excess salary paid inadvertently cannot be recovered. Thus, he filed the present writ petition. 4. No doubt, petitioner has voluntarily deposited the recovery amount, but he states that the increment was granted by the establishment, and there was no misrepresentation on his part. Thus, the authorities have to verify correctness of the re-fixation made to the petitioner. 5. However, if any excess salary paid is recovered, then the said amount is to be refunded. In the present case, petition himself had deposited the salary excess amount of Rs.28,410/-. 6. In view of the facts and circumstances, respondents are directed to fix correct scale of pay as applicable to the petitioner in accordance with Pay Rules and Government orders in force. However, excess salary, if any paid and subsequently deposited by the petitioner, then the said amount alone is https://www.mhc.tn.gov.in/judis 2026:MHC:2862 WP No. 44117 of 2025 __________ Page3 of 4 directed to be refunded by following the procedures. The said exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order. 7. With the above directions, the writ petition is allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (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, Madras-104, 2. The Additional District Judge Hosur, Krishnagiri District. 3. The Sub-judge, Uathangarai, Krishnagiri District. 4. The District Treasury Officer Krishnagiri District. https://www.mhc.tn.gov.in/judis 2026:MHC:2862 WP No. 44117 of 2025 __________ Page4 of 4 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. GD WP No. 44117 of 2025 09-07-2026 https://www.mhc.tn.gov.in/judis