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2026 DAILYLAW 51603 (MAD)

THE STATE OF TAMIL NADU v. DEVARAJAN

/1898/2026 · 2026-07-15

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WA No. 1898 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. 1898 of 2026 AND CMP NO. 16917 OF 2026 1. The State Of Tamil Nadu Rep by its Additional Chief Secretary to the Government, Home (Police) Department, Fort St.George, Chennai 9. 2. The Director General Of Police L And O (Head of Police Force), Office of the Director General of Police, Mylapore, Chennai 4. 3. The Commissioner Of Police Vepery, Chennai. 4. The Joint Commissioner Of Police Traffic Zone (South), Chennai. ..Appellants Vs 1. Devarajan S/o. Sundaram, Sub Inspector of Police (Retired), S.I.No.756, Flat No.C RC Park, No.6, Naganatham Street, Ram Nagar, Ambattur, Chennai 53. 2. The Principal Accountant General (a And E) Tamil Nadu, Teynampet, Chennai. ..Respondents https://www.mhc.tn.gov.in/judis WA No. 1898 of 2026 __________ Page2 of 4 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dt. 26.06.2025 made in W.P. No. 16030 / 2025. For Appellants : Dr.R.Gouri, Government Counsel For Respondents : Mr.V.Lakshminarayanan for R1 Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present writ appeal has been instituted by the State challenging the writ order dated 26.06.2025 in W.P.No.16030 of 2025. 2. With the consent of the parties, the writ appeal is taken up for final hearing. 3. Based on the audit objection regarding erroneous fixation of pay in favour of the respondent, recovery proceedings are initiated . The writ Court, while considering the issue, confirmed the refixation, but set aside the recovery. A consequential direction was issued to refund the amount already recovered pursuant to the order of recovery. 4. This Court does not find any infirmity in the said order. It is made clear that the refixation made by the department stands confirmed since the https://www.mhc.tn.gov.in/judis WA No. 1898 of 2026 __________ Page3 of 4 employee is eligible to receive the pay in accordance with the Pay Rules and Government Orders in force. However, in respect of the excess salary paid to an employee, there is no misrepresentation established and thus, the employee is entitled for refund of the amount already recovered in view of the ratio laid down by the Courts. 5. Hence, the writ appeal is devoid of merits and stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 1898 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST To The Principal Accountant General (A and E) Tamil Nadu, Teynampet, Chennai. WA No. 1898 of 2026 AND CMP NO. 16917 OF 2026 15-07-2026 https://www.mhc.tn.gov.in/judis