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2063 DAILYLAW 5 (MAD)

THE STATE OF TAMIL NADU v. V.VASUGI

/2063/2026 · 2026-07-22

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2063

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.A.No.2063 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR W.A.NO.2063 OF 2026 AND CMP NO.17856 OF 2026 1.The State of Tamil Nadu Rep. By its Secretary Agriculture Department Fort St. George, Chennai – 600 009. 2.The Commissioner of Agriculture Chepauk, Chennai – 600 005. 3.The Joint Director of Agriculture Krishnagiri. … Appellants Vs. V.Vasugi … Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 21.11.2023 passed in W.P.No.14652 of 2017. For Appellants : Dr.R.Gouri Government Counsel For Respondent : Mr.L.Chandrakumar https://www.mhc.tn.gov.in/judis W.A.No.2063 of 2026 __________ JUDGMENT (Judgment of the Court was made by S.M.Subramaniam J.) The present writ appeal has been instituted by the State challenging the writ order dated 21.11.2023 passed in W.P.No.14652 of 2017. 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 order of recovery alone. 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 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. The excess amount, if any, recovered on account of the impugned order in the writ petition is directed to be re-paid to the writ petitioner/respondent within a period of twelve (12) weeks from the https://www.mhc.tn.gov.in/judis W.A.No.2063 of 2026 __________ date of receipt of a copy of this judgment. Consequently, the writ appeal stands disposed of. However, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. [S.M.S., J.] [N.S., J.] 22.07.2026 Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No TK https://www.mhc.tn.gov.in/judis W.A.No.2063 of 2026 __________ S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TK W.A.NO.2063 OF 2026 22.07.2026 https://www.mhc.tn.gov.in/judis