C.Kalyani v. The Registrar General

Page1 of 8 M IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WP Nos.30949 to 30956 of 2024, 30962 & 30963 of 2024 and WMP Nos. 33538, 33539, 33541 to 33543, 33545 to 33548, 33550 to 33557, 33569 to 33571, 33573 W.P.No.30949 of 2024 K.Gunasekaran S/o Kuppusamy No.3/734, Avvaiyanagar, Collectrate, Thadangam Dharmapuri District 636 705 ..Petitioner(s) Vs

¶1The Registrar General High Court of Madras, High Court Campus, Chennai 600 104

¶2The Principal Secretary To Government Home (Court V) Department, Fort Saint George, Chennai 9

¶3The Principal District Judge, Dharmapuri

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

¶5The District Treasury Officer, Dharmapuri

¶6The District Munisif Cum Judicial Magistrate Court, Penagaram District ..Respondent(s) Page2 of 8 Prayer in W.P.No.30949 of 2024: Petition filed under Article 226 of the Constitution of India to call for the records of the 3rd respondent in connection with proceedings No.6676/2022 dated 31.10.2022 and quash the same and consequently direct the respondents to continue to pay at the existing fixation of pay and not to recovering the alleged excess amount paid to the petitioner. For Petitioner(s): Mr.M.Selvam (in all the WPs) For Respondent(s): Mr.K.Umesh Rao, (for R1, R3, R6 in WP.No.30949 of 2024 for R1 & R3 in WP.No.30950 of 2024 for R1, R3 & R4 in WP.No.30951 of 2024 for R1 & R3 in WP.No.30952 to 30954 of 2024 for R1, R3 & R4 in WP.No.30955 of 2024 for R1 & R3 in WP.No.30956, 30962 of 2024 for R1, R3 & R4 in WP.No.30963 of 2024) No Appearance (for R2 & R4 in WP.No.30949 of 2024 for R2 & R3 in WP.No.30950 of 2024 for R2, R5 & R6 in WP.No.30951 of 2024 for R2, R4 & R5 in WP.No.30952 to 30954, 30956, 30962 of 2024 for R2, R5 & R6 in WP.No.30955 & 30963 of 2024) COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) These Writ Petitions have been filed to set aside the impugned orders, in respect of recovery of excess pay and allowance from the petitioners.

¶2The particulars of the petitioners and the respective impugned orders are as follows: Page3 of 8 Case No. Impugned order Petitioner's appointment with date Petitioner's promoted post Amount to be recovered Recovery period WP.No. 30949 of 2024 Proceedings No.6676/2022 dated

31.10.2022 by the

3rd respondent Night watchman on

20.08.2001 Office Assistant on

16.04.2007 Rs.1,24,825/- 01.07.2007 to

30.09.2022 WP.No. 30950 of 2024 Proceedings No.6671/2022 dated

31.10.2022 by the

3rd respondent Night watchman on

16.04.2007 Office Assistant on

19.11.2010 Rs.92,244/-

25.11.2014 to

31.05.2022 WP.No. 30951 of 2024 Proceedings No.2332/2022 dated

11.11.2022 by the

4th respondent Night watchman on

01.10.2010 Office Assistant on

09.12.2013 Rs.72,742/-

01.12.2021 to

31.10.2022 WP.No. 30952 of 2024 Proceedings No.5084/2022 dated

09.05.2022 by the

3rd respondent Sweeper cum Cleaner on

20.08.2001 Junior Assistant on

10.12.2009 Rs.98,752/-

06.07.2015 to

30.11.2021 WP.No. 30953 of 2024 Proceedings No.5084/2022 dated

09.05.2022 by the

3rd respondent Office Assistant on

10.11.2021 Xerox Operator on

30.07.2014 Rs.1,21,925/- 01.09.1998 to

30.09.2022 WP.No. 30954 of 2024 Proceedings No.5084/2022 dated

02.11.2022 by the

3rd respondent Masalchi on

21.02.2011 Office Assistant on

01.02.2014 Rs.74,258/-

01.02.2014 to

31.10.2022 Page4 of 8 Case No. Impugned order Petitioner's appointment with date Petitioner's promoted post Amount to be recovered Recovery period WP.No. 30955 of 2024 Proceedings No.2388/2022 dated

28.10.2022 by the

4th respondent Night Watchman on

04.10.2010 Office Assistant on

05.12.2013 Rs.82,294/-

04.10.2010 to

31.05.2022 WP.No. 30956 of 2024 Proceedings No.7066/2022 dated

31.10.2022 by the

3rd respondent Night watchman on

17.04.2001 Office Assistant on

20.04.2007 Rs.1,14,488/- 01.07.2007 to

30.09.2022 WP.No. 30962 of 2024 Proceedings No.7062/2022 dated

31.10.2022 by the

3rd respondent Night watchman on

17.06.1998 Office Assistant on

17.06.2008 Rs.1,02,358/- 17.06.1998 to

01.04.2022 WP.No. 30963 of 2024 Proceedings No.40/2022 dated

28.10.2022 by the

4th respondent Junior Assistant on

19.04.2007 Record Clerk on

01.02.2014 Rs.1,36,296/- 01.04.2014 to

30.09.2022 After a long time, the internal audit wing of the High Court had found inadmissible promotional increment to the petitioners because of the wrong fixation of salary and ordered to recover the respective amounts, being excess pay and allowance paid to the petitioners. Aggrieved by the impugned orders, the petitioners filed the present writ petitions.

¶3Unjust gain of public money is impermissible under law. In such circumstances, the Authorities Competent are empowered to rectify the errors Page5 of 8 in fixation of pay and grant the correct pay as applicable. Thus, the revised pay fixation granted by the respondents in accordance with the Pay Rules and Government Orders shall continue.

¶4However, the respondents are unable to establish that there was a misrepresentation on the part of the employees during fixation of pay. It is an error committed by the Establishment for which the petitioners cannot be penalised after a lapse of many years. Recovery of excess salary at this length of time would result in extreme hardship to the employees.

¶5In this regard, the Hon'ble Supreme Court of India also enumerated the legal principles in the case of State of Punjab v. Rafiq Masih1 and held as hereunder: "18.It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service).

(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from the employees, when the 12015 4 SCC 334 Page6 of 8 excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover."

¶6In view of the facts and circumstances, the revision of pay effected pursuant to the Audit Objection is confirmed, but the recovery of excess pay alone is set aside. The excess amount recovered on account of the impugned orders, if any, is directed to be re-paid to the petitioners within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, the impugned orders are set aside, with reference to the recovery of excess salary alone.

¶7Accordingly, these Writ Petitions stand partly allowed. Consequently, connected Miscellaneous Petitions are closed. No costs. (S.M.S.,J.) (N.S.,J.) 30-06-2026 Index: Yes Speaking order sai Note: Registry is directed to type all the cause title. Page7 of 8 To

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 Saint George, Chennai 9

3.The Principal District Judge, Dharmapuri

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

5.The District Treasury Officer, Dharmapuri

6.The District Munisif Cum Judicial Magistrate Court, Penagaram District WPoNo.o30949oofo2024oandobatch S.M.SUBRAMANIAMeJ. AND N.SENTHILKUMAReJ. sai WPeNos.30949etoe30956eofe2024,e30962e&e30963eofe2024 and WMPeNO.e33538,e33539,e33541eetoe33543,e33545etoe33548, 33550etoe33557,e33569etoe33571,e33573e 30-06-2026e Page8oofo8