Madras High Court

WA/2748/2026 of The Commissioner of Police Vs C Seesar on 23 September 2026

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WA No. 2748 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 2748 of 2026

and

CMP No.24214 of 2026

CNR: {HCMA011274952026}

1. The Commissioner of Police

O/o.The Commissioner of Police,

No.123, EVK Sampath Road,

Vepery, Chennai – 7.

2. The Joint Commissioner of Police,

O/o. The Joint Commissioner of Police,

East Zone, Egmore, Chennai - 8.

3. The Administrative Officer (Accounts)

O/o. The Joint Commissioner of Police,

East Zone, Egmore, Chennai - 8.

..Appellant(s)

Vs

C.Seesar

..Respondent(s)

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in WP.No.23967/2025 dated 03-07-2025 and allow the above Writ Appeal.

For Appellant(s):

Mr.A.R.Suresh,

Special Government Pleader

For Respondent(s):

Mr.V.Ravikumar

WA No. 2748 of 2026

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JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) This writ appeal has been filed to set aside the order passed in WP.No.23967 of 2025, dated 03.07.2025 and allow the above writ appeal.

2. The respondent was serving as Special Sub Inspector of Police. He applied for voluntary retirement and was allowed to retire on 31.05.2023. After his retirement, based on the Accountant General's instructions dated 04.07.2023, the pay was revised and re-fixed due to erroneous fixation and recovery order was passed.

3. Learned Single Judge relying on the principle laid down by the Hon’ble Supreme Court of India in the case of State of Punjab v. Rafiq Masih1, held that the error in re-fixation can be corrected but recovery of excess salary paid shall not be recovered.

4. Authorities Competent are empowered to rectify the errors in fixation of pay and grant the correct pay as applicable. However, in the absence of any misrepresentation on the part of the employee, excess salary paid at the instance of the department cannot be recovered. It is an error committed by the Department for which the respondent cannot be penalised after a lapse of 12015 4 SCC 334

WA No. 2748 of 2026

many years. Recovery of excess salary at this length of time would result in extreme hardship to the employee.

5. The writ order dated 03.07.2025 passed in WP.No.23967 of 2025 is in consonance with the legal principles settled by the Courts. Thus, this Court does not find any infirmity in the impugned order.

6. However, the appellants are directed to refund the recovered amount, if any, to the respondent within a period of 12 weeks from the date of receipt of a copy of the order. With the above directions, the appeal is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI

WA No. 2748 of 2026

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. SLI WA No. 2748 of 2026 and CMP No.24214 of 2026 23-09-2026

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