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2024 Supreme(Mad) 739

S. M. SUBRAMANIAM, K. RAJASEKAR
R. Vasugi – Appellant
Versus
Registrar General, High Court, Madras, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A. Sakthivel, Advocate.
For the Respondent:V. Vijay Shankar, Advocate, P. Anandakumar, Government Advocate, Advocate.

JUDGMENT :

S.M. Subramaniam, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 19.12.2022 vide ROC No.1908/2022 passed by the 6 th respondent and quash the same as illegal and consequently, direct the respondents to continue to pay at the existing fixation of pay and not to recover the alleged excess amount paid to the petitioner.)

1. The order of re-fixation and the consequential recovery imposed on the petitioner are under challenge in the present writ petition.

2. The writ petitioner was initially appointed as Dalayat (known as Office Assistant) in the Judicial Department. Thereafter, she was promoted to various posts and presently, she is working as Grade-I Bench Clerk.

3. The authorities verified the service records and found that excess pay fixation was made in the case of the petitioner. Accordingly, 5% personal pay granted to the writ petitioner in the post of the Examiner of Copies, with effect from 02.11.2005, was found to be erroneous. That apart, 3% promotional increment granted, with effect from 01.07.2010, was also identified as an err

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