WP/38111/2026 of P.PALANIMUTHU Vs THE REGISTRAR GENERAL on 1 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ petition on hand has been instituted to set aside the impugned proceedings in R.O.C No.NIL/2021 dated 23.11.2021 passed by 3rd respondent and the consequent orders in ROC No. NIL/2026 and D.No. 398/2026 dated 20.07.2026 passed by 2nd respondent for recovery of excess pay and allowance from petitioner and to pass suitable orders.

2. The petitioner initially joined the judicial service as Senior Bailiff on 02.01.2008 and was later promoted to various posts and served in various designations. The writ petitioner was informed through impugned proceedings in R.O.C No.NIL/2021 dated 23.11.2021 passed by 3rd respondent and the consequent orders in ROC No. NIL/2026 and D.No. 398/2026 dated 20.07.2026 passed by 2nd respondent, that pursuant to the internal audit wing of the High Court, the grant of sanction of one additional increment as per Justice Shetty Commission was held inadmissible to the petitioner, as the petitioner joined the service prior to the crucial date for sanction of the increment and the grant of one notional increment for promotion from the post of Head Clerk/Superintendent to Senior Sherishtadar and the subsequent periodical increments sanctioned were also held inadmissible as both the posts carry identical scale of pay. Based on the audit objection, the pay was revised accordingly, and excess pay and allowances paid to the petitioner was sought to be recovered from his salary.

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3. Unjust gain of public money is impermissible under law. In such circumstances, the Authorities Competent are empowered to rectify the errors 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.

4. However, the respondents are unable to establish that there was a misrepresentation on the part of the employee during fixation of pay. It is an error committed by the Establishment for which the petitioner 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 employee.

5. In 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, 12015 4 SCC 334

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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 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.

6. In view of the facts and circumstances, the revision of pay effected pursuant to the Audit Objection is confirmed, but the recovery of excess pay

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alone is set aside. The excess amount, if any, recovered on account of the impugned orders is directed to be re-paid to the petitioner within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, the impugned proceedings in R.O.C No. NIL/2021 dated 23.11.2021 passed by 3rd respondent and the consequent orders in ROC No. NIL/2026 and D.No. 398/2026 dated 20.07.2026 passed by 2nd respondent, with reference to the recovery of excess salary alone is set aside, whereas the refixation of pay is confirmed.

7. Accordingly, the Writ Petition stands partly allowed. Consequently, the connected Miscellaneous Petition, if any, is closed. No costs. (S.M.S.,J.) (K.G.R.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Registrar General High Court of Judicature at Madras, Chennai- 600 104.

2. The Additional District Judge, Attur, Salem District.

3. The District Munsif Cum Judicial Magistrate Valapady,Salem District.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WP No. 38111 of 2026 01-10-2026