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WP No. 10967 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 10967 of 2026

S.Ravichandran S/o.Sampath,

Plot No.1686 5th Cross Street, Ram Nagar South, Madipakkam,

Chennai-600 091.

..Petitioner Vs

1. The Principal Accountant General of Tamil Nadu (A and E)

Office of the Principal Accountant General (A and E)

361, Anna Salai, Chennai-600 018.

2. The District Health officer District Health office,

Poonamalee, Chennai-600 056.

3. The Block Medical Officer Primary Health Centre,

Nemam - 600 124 Tiruvallur District.

..Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to impugned proceedings dated 20.02.2026 passed in Na.Ka. 61/2025/ A1 on the file of the 3^rd respondent quash the same, consequently directing the respondents to refund the recovered amount of Rs.6,42,314/- and fix petitioner last drawn pay scale as Rs.71,600/- which was received on 30.06.2025 with all attendant benefits within a stipulated period of time as fixed by this Honourable

Court __________

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For Petitioner : Mr.R.Ezhilarasan

For Respondents: Mr.A.N.R. Jaya Prathap Standing Counsel for R1

Mr.M.Bindran Additional Government Pleader for R2 & R3

ORDER

The writ petition has been filed seeking the following relief :

“ To calling for the entire records relating to impugned

proceedings dated 20.02.2026 passed in Na.Ka. 61/2025/ A1 on the file of the 3^rd respondent quash the same, consequently directing the respondents to refund the recovered amount of Rs.6,42,314/- and fix petitioner last drawn pay scale as Rs.71,600/- which was received on 30.06.2025 with all attendant benefits within a stipulated period

of time.”

2. The petitioner who was appointed as Multipurpose Health

Assistant in the Health Department on 24.07.1989 and had been promoted to the cadre of Health Inspector Grade I and subsequently as Block Health Supervisor, had retired from service on 30.06.2025, on attaining the age of superannuation. The respondents 2 and 3 had submitted the petitioner's pension proposal to the 1^st respondent, by fixing his last drawn pay as Rs.75,900/-. The 1^st respondent vide communication dated 03.09.2025 had

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returned the pension papers to the 3^rd respondent, directing him to review the scale of pay of the petitioner. The 3^rd respondent thereafter had onerously revised the pay scale by fixing a lesser pay with effect from 01.07.2006 and ordered the recovery of amounts paid by them between the period 01.7.2006 to 30.06.2025 through the impugned proceedings dated 20.02.2026. It is challenging this order, the petitioner is before this

Court.

3. The issue is squarely covered by the judgment of the Hon'ble Supreme

Court in State of Punjab and others Vs Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 334. The Hon'ble Supreme Court had ultimately summarised the issue of recovery where payments have been mistakenly paid by the employer in excess of the entitlement. It had also detailed the situation where recovery was impermissible and the same is

extracted hereunder :

“ 18. ...... ..... ..... ..... ..... .....Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarise the following few situations, wherein recoveries by the

employers, would be impermissible in law :

i. Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service).

ii. Recovery from the retired employees, or the employees who are due to retire within one year, of the order of

recovery.

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iii.Recovery from