Madras High Court
WA/2732/2026 of The Block Educational Officer Vs P.Mayil on 22 September 2026
WA No. 2732 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 2732 of 2026
CNR: {HCMA012716042025}
1. The Block Educational Officer
Kammapuram,
Virudhachalam, Cuddalore-103.
2. The Directorate of Elementary Education, DPI Complex College Road, Chennai-06.
..Appellant(s)
Vs
1. P.Mayil
2. Office Of The Principal Accountant General A And E Tamil Nadu, No.361, Anna Salai Chennai - 600 018.
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 24.06.2025 made in WP No. 22239 of 2025 and allow the WA and thus render justice.
For Appellant(s):
Ms.R.K.Sekina Reshma
Additional Government Pleader
For Respondent(s):
Ms.S.Nirmal Aditya For R1
Ms.Angumani
For Mr.V.Vijay Shankar
For R2
WA No. 2732 of 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.) The State preferred the present writ appeal challenging the writ order dated 24.06.2025 made in WP No.22239 of 2025.
2. The 1st respondent was appointed as Secondary Grade Teacher. She applied for voluntary retirement and was allowed to retire on 31.05.2024. After her retirement, based on the Accountant General's instructions dated 26.04.2024, the pay was revised and refixed 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 refixation 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 petitioner cannot be 12015 4 SCC 334
WA No. 2732 of 2026
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. The Writ order dated 24.06.2025 made in WP No.22239 of 2025 is in consonance with the legal principle 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 1st respondent within a period of 12 weeks from the date of receipt of a copy of this order.
7. With the above directions, the appeal is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To
1. Office Of The Principal Accountant General A And E Tamil Nadu, No.361, Anna Salai Chennai
- 600 018.
WA No. 2732 of 2026
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 2732 of 2026 22-09-2026