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2025 Supreme(Mad) 4465
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.Subramaniam, A.D.Maria Clete, JJ.
M.A.Suresh Kumar - Petitioner
Versus
The Registrar General, Madras High Court and ors. - Respondents
W.P.(MD) No.18296 of 2025
Decided On : 09-07-2025
Important Points
Subject
Administrative Law - Writ Petitions
Headnote
Findings of Court:
The writ petition concluded with a direction for correct pay fixation without imposing recovery at present considering the retirement timeline.
Issues: The primary issue was the correct fixation of salary and the implications regarding recovery of excess payments.
Ratio Decidendi: The court highlighted that salary fixation must comply with prevailing rules, and recovery actions are contingent on such verification.
Result: Writ petition disposed of.
Advocate Appeared:
For the Petitioner: Mr.G.Arunachalam
For the Respondent: Mr.G.Thalaimutharasu
| Table of Content |
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| 1. court acknowledges the petitioner's upcoming retirement and concludes the hearing. (Para 2 , 4) |
| 2. details of petitioner’s pay fixation and recovery. (Para 3) |
ORDER :
S.M.SUBRAMANIAM, J.
Mr.G.Thalaimutharasu, learned counsel, takes notice for the respondents.
2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.
3. Admittedly, the learned Special District Judge for M.C.O.P.Cases, Madurai, vide proceedings dated 27.05.2024, dropped the further action on the recovery of excess payment of salary made to the petitioner on account of wrong fixation of pay by adding 5% personal pay, which was granted by the Fifth Pay Commission with effect from 01.06.1998. Since the recovery action has been dropped, the petitioner made a representation for refixation of pay. It is needless to state that recovery itself will be imposed only after refixing the pay and in the present case, the pay of the petitioner was refixed, recovery was imposed, however, recovery of excess pay alone was dropped. That apart, the petitioner is going to retire from service on attaining the age of superannuation on 31.07.2025. At the time of retirement, the correctness of the pay fixation is to be verified and accordingly, the pay for which the petitioner is eligible alone is to be fixed in accordance with the pay rules and the orders in force.
4. With the above clarification, this writ petition is disposed of. No costs.
