WA No. 2253 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 2253 of 2026 AND CMP NO. 19563 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 Deputy Commissioner of Police Headquarters, Greater Chennai Police Vepery, Chennai. ..Appellants Vs M.Selvaraju, S/o Late Maruthaimuthu Sub Inspector of Police (Retired) S.I.No.34628, Door No.49, Dhalia Street VGN Spring Field Plots, Kamarajar Nagar Avadi, Thiruvallur District 600 072. ..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dt. 06.10.2025 made in W.P. No.36186 of 2024. https://www.mhc.tn.gov.in/judis WA No. 2253 of 2026 __________ Page2 of 4 For Appellants : Dr.R.Gouri, Government Counsel For Respondents : Mr.V.Lakshminarayanan 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 06.10.2025 in W.P.No.36192 of 2024. 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, set aside the recovery order and directed refund of the recovered amount. A consequential direction was issued to the respondent to give a representation to the competent authority regarding refixation of pay. 4. This Court is of the view that the refixation made by the department cannot be interfered with, since the employee is eligible to receive the pay in accordance with the Pay Rules and Government Orders in force. However, https://www.mhc.tn.gov.in/judis WA No. 2253 of 2026 __________ Page3 of 4 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. Accordingly, the writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 30-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 2253 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 2253 of 2026 AND CMP NO. 19563 OF 2026 30-07-2026 https://www.mhc.tn.gov.in/judis