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2024 Supreme(Online)(MAD) 12775

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
A.Periannan – Appellant
Versus
The Registrar General – Respondent


O R D E R

(Order of this Court was made by S.M.SUBRAMANIAM,J.)

The order of recovery to recover the excess salary paid to the writ petitioner is sought to be quashed in the present writ proceedings.

2. The petitioner was retired from service as Senior Bailiff in the Judicial Department on 31.07.2022. He was initially appointed as Dalayat on

31.03.1996 and promoted to the post of Senior Bailiff on 22.09.2008, beyond the cut off date fixed for grant of one increment i.e., from 01.04.2003 to 31.12.2005. In other words, the petitioner was promoted to the post of Senior Bailiff after 31.12.2005.

3. In Government Letter dated 29.03.2012, Clarification No.1 stipulates that “the benefit of one increment granted to the individuals is applicable to those appointed between 01.04.2003 to 31.12.2005. Fixing of cut off date has been recognised by the Hon'ble Supreme Court in financial matters and the ratio laid down are as follows:

3.1 In the case of Mohammad Ali Imam and others Vs. State of Bihar reported in (2020) 5 Supreme Court Cases 685 held as follows:

“.On the other hand, the learned counsel for the respondents have pointed out that much water flowed after that judgment and inter alia, invited

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