WA No. 2076 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 2076 of 2026 AND CMP NO. 18037 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 Police, Vepery, Chennai-600 007. 4. The Joint Commisioner Of Police Administrative Officer, South Zone, Greater Chennai Police, Chennai. ..Appellants Vs G.Aruputham S/O.Late.Gabriel, Sub Inspector Of Police (Retired) S.Ino.34038, No.9/190, Ayiramkathammal Nagar, Annai Theresa First Cross Street, Oragadam, Ambattur, Chennai-600 053. ..Respondent https://www.mhc.tn.gov.in/judis WA No. 2076 of 2026 __________ Page2 of 4 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 10-10-2025 made in WP.No.32594 of 2024. For Appellants : Dr.R.Gouri, Government Counsel For Respondent : Mr.V.Lakshminarayanan Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) State preferred the present writ appeal challenging the writ order dated 10.10.2025 passed in W.P.No.32594 of 2024. 2. The respondent was appointed as Grade II Police Constable in Tamil Nadu Police Department in the year 1985. He was promoted to the post of Special Sub Inspector of Police and retired from service on 30.06.2023. Based on an audit objection, the order of recovery and re-fixation of pay was issued. The learned Single Judge set aside the recovery relying on the judgment of the Hon'ble Supreme Court in State of Punjab -vs- Rafiq Masih (2015) 4 SCC 334. However, the wrong fixation was allowed to be corrected by the Department. Learned counsel for the respondent would submit that the respondent already retired from service and recovery of excess salary from the retired employee is incorrect. https://www.mhc.tn.gov.in/judis WA No. 2076 of 2026 __________ Page3 of 4 In view of the above factual position, this Court does not find any infirmity in the order impugned passed by the Writ Court. However, it is made clear that the authorities are empowered to refix the pay of the respondent in accordance with the Pay Rules and Government Orders in force. The excess salary already recovered from the respondent is directed to to be refunded within a period of twelve weeks from the date of receipt of receipt of a copy of this order. With the above observations, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 21-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 2076 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 2076 of 2026 AND CMP NO. 18037 OF 2026 21-07-2026 https://www.mhc.tn.gov.in/judis