2026:MHC:2905 WA No. 2078 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 2078 of 2026 AND CMP NO. 18054 OF 2026 1. The Director of Public Health and Preventive Medicine, Chennai - 600 006. 2. The Deputy Director of Health and Services Villupuram. 3. The Block Medical Officer Government Primary Health Centre, Radhapuram, Vikravadi Block, Villupuram District-501. ..Appellants Vs 1. B Rajasekar S/o. Balakrishnan, No.5, Kaliamman Koil Street, Mailam Post, Tindivanam Taluk, Villupuram District-304. 2. The Accountant General A and E Anna Salai, Chennai - 600 008. 3. The Pay and Accounts Officer South Nandhanam, Chennai - 600 035. ..Respondents https://www.mhc.tn.gov.in/judis 2026:MHC:2905 WA No. 2078 of 2026 __________ Page2 of 4 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 09.07.2025 passed in WP No.24782 of 2025 and allow the Writ Appeal. For Appellants : Dr.R.Gouri, Government Counsel For Respondents : Mr.M.Gunasekar for R1 Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) State preferred the present appeal challenging the order dated 09.07.2025 passed in W.P.No.24782 of 2025. 2. With the consent of both parties, the writ appeal is taken up for final hearing. 3. An order of refixation of pay and consequential recovery order was issued based on the audit objections. The first respondent / writ petitioner challenged the said refixation of pay and recovery. The Writ Court considered the issues and taking note of the fact that there was misrepresentation on the part of the respondent / employee regarding refixation, held that it has to be confirmed and the scale of pay as applicable to the first respondent has to be paid in accordance with the pay rules and the https://www.mhc.tn.gov.in/judis 2026:MHC:2905 WA No. 2078 of 2026 __________ Page3 of 4 government orders. While confirming the refixation, the writ court directed to refund the excess salary already recovered from the respondent in view of the principles laid down by the Hon'ble Supreme Court in the case of State of Punjab v. Rafiq Masih (2015) 4 SCC 334. 4. We find no infirmity in the writ order impugned and consequently the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. The appellants are directed to refund the amount recovered from the respondent within a period of twelve weeks from the date of receipt of a copy of this order. (S.M.S.,J.) (N.S.,J.) 15-07-2026 Index: Yes Speaking order Neutral Citation: Yes/No KST To 1. The Accountant General A and E Anna Salai, Chennai - 600 008. 2. The Pay and Accounts Officer South Nandhanam, Chennai - 600 035. https://www.mhc.tn.gov.in/judis 2026:MHC:2905 WA No. 2078 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 2078 of 2026 AND CMP NO. 18054 OF 2026 15-07-2026 https://www.mhc.tn.gov.in/judis