K.Arumugam (Rtd Ssi) v. The Director General of Police

ORDER The Writ petition is filed for the following relief: " to call for the records pertaining to the impugned order in P05/ 10537141 / 2/ R0537141 dated 25.11.2024 issued by the 3rd Respondent and the consequential impugned order in No.427/ 2025, Na.Ka.No. P5/ 62271/ 2025 dated 21.03.2025 issued by the 2nd Respondent and quash the same as illegal.."

¶2The petitioner was appointed as a Grade II Police Constable in the Tamil Nadu Police Department on 27.05.1988. At the time of his superannuation he was holding the post of Special Sub Inspector of Police. He had retired from service on 30.09.2024.

¶3The petitioner would submit that he had attained retired from service on 30.09.2024 and after retirement in the month of November 2024 and March 2025 he was issued with the impugned orders of reduction and re fixation of his pay by proceedings dated 25.11.2024 and 21.03.205 and further recovery of a sum of Rs.2,37,807/- was also ordered. Page3 of 5

¶4The petitioner would submit that he was in no way responsible for the excess payment. Therefore aggrieved the petitioner is before this Court.

¶5Heard the learned counsels for the petitioner and the respondents.

¶6The issue of recovery was the subject matter of the Judgement of the State of Punjab Vs. Rafiq Masih (White Washer) etc., reported in 2015 (4) SCC 334. The Hon'ble supreme Court has held that the recovery cannot be done without issuing a show cause notice.

¶7In the Judgement of this Court in WP.No.6401 of 2025, this Court, in similar circumstances, had directed refund of the money already recovered within a period of 6 weeks from the date of receipt of the order with interest at 6% p.a.

¶8In the instant case also the impugned order directs that the sum of Rs.2,37,807/- should be recovered from the petitioner's pensionary benefits and credited to the Government account.

¶9In the light of the aforesaid Judgement of this Court, the amount of Rs.2,37,807 cannot be sought to be recovered. In case the amount has been recovered the same shall be refunded to the petitioner within a period of 2 Page4 of 5 months from the date of receipt of a copy of this order.

¶10Accordingly, the Writ Petition is allowed and the impugned orders are set aside. No costs. Consequently, the connected Miscellaneous Petition is closed. 25-06-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The Director General of Police Kmarajar Salai, Mylapore, Chennai-600 004.

¶2The Commissioner of Police Coimbatore City, Coimbatore.

¶3The Accountant General (Accounts and Entitlements) No.361, Anna Salai, Teynampet, Chennai-18. WPoNo.o23932oofo2026 P.T.ASHAoJ. SHR WPoNo.o23932oofo2026 AND WMPoNO.o25993oOFo2026 25-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 25993 OF 2026 K.ARUMUGAM (Rtd SSI) ..Petitioner(s) Vs 1. The Director General of Police Kmarajar Salai, Mylapore, Chennai- 600 004. 2. The Commissioner of Police Coimbatore City, Coimbatore. 3. The Accountant General (Accounts and Entitlements) No.361, Anna Salai, Teynampet, Chennai-18. ..Respondent(s) Prayer: -Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order in P05/ 10537141 / 2/ R0537141 dated 25.11.2024 issued by the 3rd Respondent and the consequential impugned order in No.427/ 2025, Na.Ka.No. P5/ 62271/ 2025 dated 21.03.2025 issued by the 2nd Respondent and quash the same as illegal. Page2 of 5 For Petitioner(s): Mr.A.Rajaram For Respondent(s): Mr.V.Sivalingam, GA for R1 and R2 Mr.P.K.Rishikesh, Standing Counsel for R3