Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 56664 (MAD)

The State of Tamil Nadu v. S.Devarajan

/2200/2026 · 2026-07-28

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WA No. 2200 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 2200 of 2026 AND CMP NO. 16919 OF 2026 1. The State of Tamil Nadu Rep By Its Additional Chief Secretary To The Government Home (Police ) Department, Fort St.George, Chennai-600 009. 2. The Director General of Police (L and O) (Head Of Police Force), Office Of The Director General Of Police, Mylapore, Chennai-600 004 3. The Commissioner of Police Chennai City, Vepery, Chennai-7 4. The Deputy Commissioner of Police Modern Police Control Room Chennai. ..Appellants Vs 1. S.Devarajan S/o Sadaiyandi, Sub Inspector of Police (Retired), S.I.No.11074, No.1/H21, 97th Street 15th Sector, KK Nagar, Chennai 78. 2. The Principal Accountant General (A and E) Tamil Nadu, Teynampet, Chennai 18. ..Respondents https://www.mhc.tn.gov.in/judis WA No. 2200 of 2026 __________ Page2 of 4 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 30.06.2025 made in WP No.23381 of 2025 and allow this Writ Appeal. For Appellant(s): Mr.R.Sankar, Government Counsel For Respondent(s): Mr.V.Vijay Shankar – for R2 Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) State preferred the present appeal challenging the order dated 30.06.2025 passed in W.P.No.23381 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 respondent has to be paid in accordance with the pay rules and the government orders. While confirming https://www.mhc.tn.gov.in/judis WA No. 2200 of 2026 __________ Page3 of 4 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. It is brought to the notice of this Court that the excess salary already recovered from the first respondent has already been refunded to him. Thus, this Court is of the view that writ order impugned dated 30.06.2025 made in W.P.No.23381 of 2025 needs no interference except for the observation that the refixation of pay is confirmed. The writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 28-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To The Principal Accountant General (A and E) Tamil Nadu, Teynampet, Chennai 18 https://www.mhc.tn.gov.in/judis WA No. 2200 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 2200 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis