The State of Tamil Nadu v. N.Gopalakrishnan

JUDGMENT (Judgment of the Court was delivered by S.M.Subramaniam J.) By consent of the parties, the writ appeal is taken up for final disposal. The present writ appeal is filed to set aside the order dated 06.10.2025 made in W.P.No.38298 of 2024.

¶2The Writ Court considered the issues and held that recovery of excess salary paid to the employee is impermissible in view of the ratio laid down by the Hon'ble Supreme Court in the case of State of Punjab -vs-Rafiq Masih (2015) 4 SCC 334. However, the writ Court has permitted the authorities to refix the pay as admissible and in accordance with the Pay Rules and Government Orders in force reiterating that arrears in fixation can be corrected by the authorities at any point of time. While doing so, if recovery is made after a prolonged period, it will result in hardship to the Page3 of 4 employees in the absence of any misrepresentation or clear undertaking, recovery need not be effected, but the authorities shall correct the fixation as per the Rules. Since that being the order passed by the writ Court, this Court does not find any infirmity in the order passed by the writ Court. Thus, the order of recovery alone is set aside and the order of refixation stands confirmed. However, the appellants are directed to refund the excess salary already recovered from the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order.

¶3With the above direction, the Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order VSI To The Principal Accountant General (A&E) Tamil Nadu, Teynampet, WAoNo.o2399oofo2026 S.M.SUBRAMANIAM,eJ. and KRISHNASWAMYeGOVINDARAJAN,eJ. vsi WAeNo.e2399eofe2026 13-08-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN and C.M.P.No.21140 of 2026 1. The State of Tamil Nadu Represented by Its Additional Chief Secretary To The Government Home (Police) Department, Fort St. George, Chennai-600 009. 2. The Director General Of Police Law And Order (Head Of Police Force) Office Of The Director General of Police, Mylapore, Chennai-600 004. 3. The Commissioner Of Police Chennai City Vepery, 4. The Deputy Commissioner Of Police Headquarters, Greater Chennai Police, ..Appellant(s) Vs 1. N.Gopalakrishnan S/o.Late.Narayanaswamy, Sub Inspector of Police (Retired) S.I.No.9792, No.13/1, Anna Nagar Extn, 5th Street, Velachery, Chennai District-600 042. Page2 of 4 2. The Principal Accountant General A And E Tamil Nadu, Teynampet, ..Respondent(s) Writ Appeal filed under Clause 15 of Letters Patent to set aside the impugned order dt. 06.10.2025 made in W.P.No. 38298 of 2024. For Appellant(s): Ms.R.K.Sekina Reshma, Addl.Govt.Pleader For Respondent(s): Mr.V.Lakshminarayanan for R1 Mr.S.Mahesh for Mr.V.Vijay Shankar for R2