V.Kackum Perumal, v. The Principal Accountant General of Tamil Nadu (A and E)

O R D E R This writ petition has been filed for a writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No. 374 /A1/2023-1 dated 08.11.2024 and the consequential impugned order passed by the second respondent in his proceedings in Na.Ka.No. 374/A1/2024 dated 20.01.2025 in respect of the alleged re-fixation and recovery of excess payment due to wrongful fixation of pay increment for the period from 01.08.2010 to 31.10.2024 amounting to Rs.3,37,960/- and quash the same as illegal, arbitrary and in violation of the principles of natural justice and consequently to direct the second respondent to refund that sum of Rs.3,37,960/- with interest at the rate of 12% per annum to the petitioner within a time frame fixed by this Court.

¶2The order of recovery has been made based on the re-fixation of pay after the retirement of the petitioner from service. Applying the principle laid down by the Hon'ble Supreme Court in the case of State of Punjab and others Vs.Rafiq Masih (White Washer), no recovery can be effected after superannuation of the employee. Hence, the recovery made by the respondents from the petitioner is contrary to the decision of the Hon'ble Supreme Court as stated supra.

¶3In view of the same, the writ petition stands disposed of with a direction to the respondents to refund the amount recovered from the petitioner. However, the respondents are at liberty to refix the petitioner's salary after affording him an opportunity of hearing. Such exercise shall be completed by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. This order shall not preclude the respondents from disbursing the pensionary benefits to the petitioner. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

19.11.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Principal Accountant General of Tamil Nadu (A and E), Office of the Principal Accountant General (A and E), 361, Anna Salai, Chennai - 600 018.

2.The Block Medical Officer, Government Community Health Centre, T.Palur, Ariyalur District. K.KUMARESH BABU

, J.

Sn

19.11.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.26228 of 2025 and W.M.P(MD)No.20430 of 2025 V.Kackum Perumal ...Petitioner Vs 1.The Principal Accountant General of Tamil Nadu (A and E), Office of the Principal Accountant General (A and E), 361, Anna Salai, Chennai - 600 018. 2.The Block Medical Officer, Government Community Health Centre, T.Palur, Ariyalur District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.374 /A1/2023-1 dated 08.11.2024 and the consequential impugned order passed by the second respondent in his proceedings in Na.Ka.No.374/A1/2024 dated 20.01.2025 in respect of the alleged re-fixation and recovery of excess payment due to wrongful fixation of pay increment for the period from 01.08.2010 to 31.10.2024 amounting to Rs.3,37,960/- and quash the same as illegal, arbitrary and in violation of the principles of natural justice and consequently to direct the second respondent to refund that sum of Rs.3,37,960/- with interest at the rate of 12% per annum to the petitioner within a time frame fixed by this Court. For Petitioner : Mr.T.Pradeep For R1 : M/s.S.Mahalakshmi Standing Counsel For R2 : Mr.F.Deepak Special Government Pleader