Back
2026 Supreme(Online)(Mad) 38300
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
D.V.Lalitha – Appellant
Versus
Additional Registrar General, Madras High Court, Madurai Bench, Madurai – Respondent
W.P(MD)No.11906 of 2026|WMP(MD)No.9013 of 2026
Important Points
Subject
Service Law - Pay and Allowances
Act Referred
Headnote
For Petitioner: Mr.S.M.A.Jinnah
For R1 to R3: Mr.D.Senthil, Standing Counsel
For R4: Mr.J.Ashok Additional Government Pleader
| Table of Content |
|---|
| 1. petition challenges recovery post pay re-fixation. (Para 1 , 2) |
| 2. recovery barred for group c employees per sc. (Para 3) |
| 3. quash recovery, direct refund and dispose writ. (Para 4) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
Challenging the order of re-fixation dated 17.12.2025 and the consequential recovery, the petitioner has filed this writ petition.
2. Learned counsel for the petitioner would submit that the grievance of the petitioner is only with regard to recovery and she is not challenging the order of re-fixation.
3. The said submission is placed on record. The petitioner is now working as Sheristadar in the Principal District Court, Ramanathapuram, which is a Group-C post. It is well settled that as per the judgment of the Hon’ble Supreme Court in State of Punjab and Others vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334, recovery from employees belonging to Class III and Class IV service (or Group ‘C’ and Group ‘D’ service) is impermissible in law. The said ratio is squarely applicable to the petitioner’s case. The respondents have already refixed the pay of the petitioner, and the petitioner has no grievance with regard to such re-fixation. The petitioner only seeks cancellation of the recovery amount.
4. In view of the above, the impugned order is quashed in respect of recovery alone. If any amount has been recovered pursuant to the impugned proceedings, the same shall be refunded to the petitioner.
5. With the above direction, the Writ Petition is disposed of. No costs.
