T.Senbagavalli v. The Regitrar General

O R D E R (Order of the Court was made by S.M.Subramaniam J.) The present Writ Petition has been instituted, challenging the order dated 02.12.2024, returning the application submitted by Writ Petitioner, seeking refund of recovered amount, in pursuance of the order of this Court dated 20.09.2023 passed in W.P.No.24421 of 2023.

¶2On earlier occasion, petitioner filed Writ Petition, challenging the order of refixation and recovery. This Court passed final order on 20.09.2023, quashing the recovery alone. Regarding refixation of pay, the same was confirmed. In pursuance of the order, petitioner submitted an application, seeking refund of recovered amount. The application was returned, which resulted in filing of the present writ petition.

¶3Despite the fact that order of recovery was quashed, Sub-Judge, Harur, Dharmapuri District has returned the application of Page3 of 5 petitioner, which, in the opinion of this Court is improper and shows non-understanding of the order of High Court in a right perspective. Once recovery is quashed, it is a natural flow that the amount recovered, if any must be refunded to petitioner. However, this Court has confirmed refixation of amount in accordance with Pay Rules and Government Orders in force. In view of the said position, respondents are directed to refund the recovered amount to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Insofar as refixation made is concerned, the same stands confirmed.

¶4Accordingly, the Writ Petition is allowed. The impugned order dated 02.12.2024 is hereby set aside. No costs. Consequently, connected Miscellaneous Petition is closed. (S.M.S.,J.) (N.S.,J.) 13-07-2026 Index: Yes/No Speaking/Non-speaking order AR Page4 of 5 S.M.SUBRAMANIAM,J. AND N.SENTHILKUMAR,J. AR To:

¶1The Registrar General High Court Of Madras, High Court Campus, Chennai - 600 104.

¶2The Principal Secretary to Government Home (Court-V) Department, Fort St. George, Chennai-9

¶3The Principal District Judge, Dharmapuri

¶4The Principal Accountant General (A & E), AG'S Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai - 600 018.

¶5The District Treasury Officer, Dharmapuri

¶6The Sub Ordinate Judge, Harur, Dharmapuri District. W.P.No.25129 of 2025

13.07.2026 Page5 of 5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR W.P.No.25129 of 2025 AND W.M.P.No.28304 OF 2025 T.Senbagavalli … Petitioner -vs- 1. The Registrar General High Court Of Madras, High Court Campus, Chennai 600 104. 2. The Principal Secretary to Government, Home (Court V) Department, Fort St. George, Chennai 9. 3. The Principal District Judge, Dharmapuri. 4. The Principal Accountant General (A & E), AG'S Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai - 600 018. 5. The District Treasury Officer, Dharmapuri 6. The Sub Ordinate Judge, Harur, Dharmapuri District. … Respondents Prayer: Calling for the records which culminated in the order dated 02.12.2024 passed by the 6th Respondent and all actions take pursuant Page2 of 5 thereto and quash the same and consequently pass an order directing the respondents to return the amount that had been recovered from the petitioner under the R.O.C.No.615 of 2022 order dated 02.12.2022. For Petitioner: Mr.A.Sakthivel For Respondents: Ms.P.Selvi for R1, R3 & R6 *****