The cancellation of the government letter led to the non-est status of the regulation of pay, influencing the court's decision to quash the impugned orders and direct repayment with interest.

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 order of regulation order passed by the fourth respondent in D.O.No.68/2020 in R.C.No.S2/2501/2020, dated 06.02.2020 and subsequent order of recovery in C.No.D1/404/2020, dated 06.08.2020 and quash the same, further direct the respondents to repay the recovered sum of Rs.1,77,649/- (One Lakh Seventy Seven Thousand Six Hundred and Forty Nine Only) with 18% interest.)

1. The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned regulation order passed by the fourth respondent in D.O.No.68/2020 in R.C.No.S2/2501/2020, dated 06.02.2020 and subsequent order of recovery in C.No.D1/404/2020, dated 06.08.2020 and quash the same, further direct the respondents to repay the recovered sum of Rs.1,77,649/- (One Lakh Seventy Seven Thousand Six Hundred and Forty Nine Only) with 18% interest.

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 10.12.1988 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 01.10.2014 respectively. The petitioner retired from service on 30.06.2020. The fourth respondent vide proceedings in D.No.68 of 2020 in R.C.No.S2/2501/2020, dated 06.02.2020 passed an order of regulation of pay and the subsequent order of recovery in C.No.D1/404/2020, dated 06.08.2020. The petitioner opposed the regulation of pay and recovery, but the Department forced the petitioner to pay an amount of Rs.1,77,649/-, failing which, he was informed that he would not be allowed to retire and his retirement benefits would not be disturbed. Left with no other option, during Covid-19, on 07.08.2020, the petitioner paid the amount of Rs. 1,77,649/-. Till that date, from March to September, 2020, the petitioner was not paid with pension. Only on receipt of the said amount, the treasury released his pension in the month of November, 2020. On 13.10.2020 only, no due certificate was issued to him.

4. The impugned orders, dated 06.02.2020 and 06.08.2020 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 we