IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2025 CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA W.P.No.7225 of 2022 and WMP.Nos.7251 & 7252 of 2022 D.Ranganathan ... Petitioner Vs

1. The Managing Director Tamil Nadu Co-operative Producer's Federation Ltd., Revenue Department, Aavin Illam, Mathavapuram, Milk Colony, Chennai 600 051.

2. The Commissioner of Milk Production and Dairy Development, Chennai 600 061.

3. The General Manager Kancheepuram Thiruvallur District, Co-operative Milk Producers Union Ltd X-37 No.55, Guruvappa Street, Ayanavaram, Chennai - 600 023. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus to call for the records made in Ref.No.4759/Admin/2018 dated 29.11.2021 on the file of the third respondent and to quash the same as illegal, arbitrary non-est and consequently direct the respondents to pay salary and other service benefits in terms of order dated 03.08.2018 and 10.11.2018 made in Na.Na.4759/Admin/2018 and return the recovery amount to the petitioner's account.

For Petitioner : M/s.N.Lavanya for Mr.E.C.Ramesh For Respondents : Mr.R.Sanchithanandan for Mr.V.Rajnikanh Standing Counsel for R1 & R3 No appearance for R2

O R D E R

This writ petition is filed for issuance of a writ of certiorarified mandamus to call for the records in Ref.No.4759/Admin/2018 dated 29.11.2021, to quash the same as illegal, arbitrary non-est and consequently direct the respondents to pay salary and other service benefits in terms of order dated 03.08.2018 and 10.11.2018 made in Na.Na.4759/Admin/2018 and refund the amount recovered from the petitioner's account.

2. The learned counsel for the petitioner submitted that the third respondent without prior notice to the petitioner passed the impugned order revising the pay scale of the petitioner and directing recovery of the excess pay made to him in total violation of principles of natural justice. The learned counsel for the petitioner relied on the judgments of the Hon'ble Supreme Court in the case of Jagdish Prasad Singh Vs State of Bihar and others reported in 2024 SCC online SC 1909 and State of Punjab and others Vs Rafiq Masih (While Washer) and others reported in (2015) 4 SCC 3334 in support of his contention.

3. The learned Standing Counsel for the respondents 1 & 3 submitted that as the pay scale of the petitioner in the Selection Grade post of Technicians (Operation) was found to be more than the ordinary grade scale of pay of the promotion post of Executive (Engg), the pay scale was revised and the excess payment made to the petitioner was sought to be recovered. According to the learned Standing Counsel, as per the Government order and rules, the scale of pay in the selection grade in the cadre of Technicians (Operation), feeder category to the post of Executive (Engg) should be restricted to the ordinary grade pay scale of promotional post. However, in respect of the Technicians (Operation) higher pay scale in the selection grade post was extended which was above the ordinary grade scale of the promotional post and therefore to rectify the anomoly, the impugned order was passed. The learned Standing Counsel therefore submitted that there was no infirmity in the impugned order and hence the writ petition was devoid of merits. 4. Heard both sides and perused the materials available on record.

5. The facts are undisputed. The petitioner completed ITI Diploma (Mechanical Engineer) and was appointed as Technician (Operator) Grade - I on 07.04.1990 in the third respondent Co-operative Milk Producer's Union after following regular processes of recruitment. The petitioner was promoted from Special Grade Technician (Operator) to Executive (Engg) on 05.03.2018. Earlier the Technician Grade-I and boiler Grade-II submitted a representation to the competent authority for revision of pay scale in the cadre of selection grade and special grade in the terms of 6th pay commission. To avoid ano