Madras High Court

WA/2523/2026 of THE STATE OF TAMIL NADU Vs A ARUNACHALAM on 21 August 2026

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WA No. 2523 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-08-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 2523 of 2026

& CMP No.22262 of 2026

1. The State Of Tamil Nadu

Represented By Its Additional Chief

Secretary to the Government,

Home(Police) Department,

Fort St. George,

Chennai -600009.

2. The Director General Of Police (L & O)

(Head Of Police Force),

Office Of The Director General Of Police, Mylapore, Chennai -600004.

3. The Commissioner Of Police, Vepery,

Chennai.

4. The Joint Commissioner Of Police Traffic Zone (south), Chennai.

5. The Deputy Commissioner Of Police

Headquarters, Greater Chennai Police,

Modern Police Control Room, Chennai.

..Appellant(s)

Vs

A Arunachalam … Respondent(s)

WA No. 2523 of 2026

Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the impugned order dated 06.10.2025 made in WP.No.36196 of 2024 allow the Writ Appeal.

For Appellant(s):

Ms.Y.Kavitha,

Additional Government Pleader

For Respondent(s):

M/S.V.Lakshminarayanan

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JUDGMENT

(Judgment of the Court was delivered 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. 36196 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.

WA No. 2523 of 2026

4. This Court does not find any infirmity in the said order. It is made clear that the refixation 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. The excess salary, if any, already recovered from the respondent is directed to be refunded within a period of twelve weeks from the date of receipt of a copy of this order.

5. Hence, the writ appeal is stands disposed of. No costs. (S.M.S.,J.) (K.G.R.,J.) 21-08-2026 Index: Yes skr

WA No. 2523 of 2026

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. skr WA No. 2523 of 2026 21-08-2026

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