IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2026 CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI K.Veeramani Petitioner Vs

1. The Secretary to Government Home (Pol.II) Department, Fort St. George, Chennai-9

2.The Director General of Police Head of Police Force, Mylapore Chennai-4.

3.The Accountant General (A & E)

Teynampet, Chennai-18.

4.The Superintendent of Police, Nagapattinam District. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for the records of the 3^rd respondent in connection with the impugned order passed by him in Ref. No. P05/1/ 10530736/ VR/ ADK/ 455 dt.29.11.2021 revising the basic salary and the consequential recovery order passed by the 4^th respondent Na.Ka. No.N1/ 17695/ 2021 (D.O. No.40/2022) dt.10.01.2022 and quash the same and direct the respondents to fix basic pay of the petitioner as Rs.59,100 on the date of superannuation (VRS) and restore his pay and revise the pensioner benefits orders reimbursement of the recovered amount from the petitioner within a reasonable time.

For Petitioner : Mr.K.Venkataramani Senior Counsel for M/s.M.Muthappan For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader

ORDER

This This writ petition has been filed to call for the records relating to the impugned proceedings of the 3^rd respondent in Ref. No. P05/1/10530736/VR/ADK/455 dated 29.11.2021, revising the basic pay of the petitioner, and the consequential recovery order passed by the 4^th respondent in Na.Ka. No.N1/17695/2021 (D.O. No.40/2022) dated 10.01.2022, to quash the same and to direct the respondents to fix the petitioner’s basic pay as Rs.59,100/- as on the date of superannuation (VRS), restore his pay, revise the pensionary benefits and refund the recovered amount within a reasonable time.

2. It is stated that the petitioner entered service as Grade–II Police Constable through the selection conducted by the Director General of Police and was appointed on 25.09.1988 at Mayiladuthurai District. After certain period, he was upgraded as Special Sub-Inspector of Police on 01.01.2013. Subsequently, he submitted an application for Voluntary Retirement and was permitted to retire from service on 31.10.2021. At that point of time, the 3^rd respondent returned the proposal vide order dated 29.11.2021 stating that the revised pay fixation was not in order, by referring Government Letter dated 18.08.2010.

Further, it is also stated in the impugned order dated 29.11.2021 that the advancement of upgradations in the posts of Grade I PC and HC are only for consideration of next level of upgradation and no financial benefits can be claimed and pursuant to which, recovery order dated 10.01.2022 was issued by the 4^th respondent. Aggrieved by the said orders dated 29.11.2021 and

10.01.2022, this writ petition has been filed.

3. Learned Senior Counsel appearing for the petitioner submitted that as per the service rules, an employee who is not promoted for a long period is entitled to increments and, after completion of ten years, to Selection Grade. The petitioner had worked as Grade–I Police Constable for more than ten years and was accordingly granted increments and Selection Grade. However, after his retirement, when the pension papers were forwarded, the 3^rd respondent revised the pay on the ground of excess increments and ordered recovery, without affording any opportunity to the petitioner, which is in clear violation of the principles of natural justice. Hence, the impugned orders are liable to be set aside and the matter may be remanded to the respondents. In view of the above, he prayed for allowing of this writ petition as well as for issuance of consequential directions.

4. Heard the learned counsel on either side and perused the materials available on record.

5. It is not in dispute that the petitioner entered service as Grade–II Police Constable on 25.09.1988, was upgraded as Grade–I Police Constable and subsequentl