The cancellation of the government letter dated 24.08.2007 rendered the impugned orders non-est in the eye of law, leading to the quashing of the orders and the direction for repayment and pension refixing.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the orders passed in D.O.No.1184/2018 in C.No.S2/41661/2017, dated 29.10.2018 and subsequent order of regulation of pay and order of recovery in C.No.D2/ACR-188/2018, dated 16.09.2019 and quash the same, further direct the respondents to repay the recovered sum of Rs.1,58,715/- (One Lakh Fifty Eight Thousand Seven Hundred and Fifteen Only) with 18% interest and further refix the petitioner''s pension with increment notionally from 01.10.2018 as Rs.54,100/- and revise the petitioner''s pension.)

1. The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned orders passed in D.O.No.1184/2018 in C.No.S2/41661/2017, dated 29.10.2018 and subsequent order of regulation of pay and order of recovery in C.No.D2/ACR-188/2018, dated 16.09.2019 passed by the fourth respondent and further direct the respondents to repay the recovered sum of Rs.1,58,715/- (One Lakh Fifty Eight Thousand Seven Hundred and Fifteen Only) with 18% interest and further refix the petitioner''s pension with increment notionally from 01.10.2018 as Rs.54,100/- and revise the petitioner''s pension.

2. Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the petitioner, Mr.N.Muthu Vijayan, learned Special Government Pleader appearing for the respondents 1 to 4, 6 & 7 and Ms.S.Mahalakshmi, learned Standing Counsel appearing for the fifth respondent and perused the materials available on record.

3. The petitioner was appointed as Grade II Police Constable on 17.11.1988 with a basic pay of Rs.505/-. Later he was promoted as Grade I Police Constable, Head Constable and Special Sub-Inspector of Police on 28.09.1999, 28.10.2004 and 01.12.2013 respectively. The petitioner retired from service on 30.06.2019. The last drawn pay shown in his pension proposal was Rs.52,500/-. After three months from the petitioner''s retirement, on 16.09.2019, a sum of Rs.1,58,715/- was recovered from the petitioner''s gratuity without notice. The petitioner made a representation before the fourth respondent to pay his increment as on 01.10.2018, tuning Rs.54,100/-. However, the impugned regulation/revision of pay dated 29.10.2018 and an order of recovery, dated 16.09.2019 was passed by the fourth respondent.

4. The impugned orders, dated 29.10.2018 and 16.09.2019 are based on a Government Letter in No.39839/Police V / 07-3, dated 24.08.2007, by which, clarification was given by the Department of Home (Police V), Secretariat, Chennai – 9 and the same reads as follows:-

“I am directed to refer to your letter cited wherein it has been requested to clarify as to whether the Police Personnel who are upgraded as Grade I Police Constable may be permitted to exercise their option to fix their pay till the date of accrual of the next increment under FR 22(1) a(i) in the lower rank or whether their pay may be fixed under relevant rules from the date of their actual date of upgradation. In this connection, I am directed to state that Grade II Police Constables who have completed 10 years of service as on 20.10.2004 are deemed to have been upgraded and not promoted with reference to any panel. Therefore, their pay shall be fixed under FR 22-B straightaway on that date itself without getting any option.”

5. The said Government Letter, dated 24.08.2007 has been cancelled on 06.02.2019 by the first respondent vide Letter M.S.No.83, dated 06.02.2019 and the relevant portion of which is extracted as follows:-

“2.I am to state that in your letters cited, it has been stated that the police personnel who were appointed as Grade II Police Constables in the year 1981, 1982, 1984 and 1985 and upgraded as Special Sub Inspector of Police in Thoothukudi have given representations that their Juniors who were appointed as Grade II Police Constables in the year 19