Madras High Court

WA/2597/2026 of The State of Tamil Nadu Vs D.Manivannan on 28 August 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-08-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 2597 of 2026 AND

CMP NO. 22976 OF 2026

1. The State of Tamil Nadu

Represented by its

Aditional Chief Secretary to the Government Home (Police) Department, Fort St.George, Chennai 600 009.

2. The Director General of Police (Law and Order), (Head of Police Force), Office of the Director General of Police, Mylapore, Chennai 600 004.

3. The Commissioner of Police

Vepery, Chennai.

4. The Deputy Commissioner of Police

Headquarters, Greater Chennai Police,

Vepery, Chennai.

..Appellants

Vs

D.Manivannan

S/o.late Durairaj, Sub Inspector of Police, (Retired) Sl No.9937, No.1/16, 1st Street, Kodappattinam Village, Chiyour Taluk, Chengalpattu District 603305

..Respondent

Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the impugned order dated 06.10.2025 made in WP No.36190/2024.

For Appellants :

Ms.Y.Kavitha,

Additional Government Pleader

For Respondent(s):

M/s.V.Lakshminarayanan

For Sole Respondent

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Order

(Order of the Court was made by S.M.Subramaniam J.)

The present writ appeal has been instituted by the State challenging the writ order dated 06.10.2025 in W.P.No.36190 of 2024.

2. With the consent of the parties, the writ appeal is taken up for final hearing.

3. Based on the audit objection regarding erroneous fixation of pay in favour of the respondent, recovery proceedings are initiated . The writ Court, while considering the issue, confirmed the refixation, but set aside the recovery. A consequential direction was issued to refund the amount already recovered pursuant to the order of recovery.

4. This Court does not find any infirmity in the said order. It is made clear that the re-fixation made by the department stands confirmed since the employee is eligible to receive the pay in accordance with the Pay Rules and Government Orders in force. However, in respect of the excess salary paid to an employee, there is no misrepresentation established and thus, the employee is entitled for refund of the amount already recovered in view of the ratio laid down by the Courts.

5. With the above observation, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 28-08-2026 Index : yes/No Speaking order / Non Speaking order Neutral Citation : yes/No KST

S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 2597 of 2026 AND CMP NO. 22976 OF 2026 28-08-2026

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