Recovery of salary or pensionary benefits based on retrospective application of administrative orders, in the absence of statutory amendment to financial regulations, is legally unsustainable.

COMMON ORDER

These writ petitions have been filed for the following reliefs:

W.P.No.15111 of 2026:

“To issue a writ of Certiorarified Mandamus to call for the records relating to the impugned Government letter issued by the 1st Respondent in Letter No.11100/Tho. Ka.(1)/2023-1 School Education Department dated 15.12.2023 consequently the 5th respondent passed the recovery order by his proceedings in Na.Ka.No.1338/A3/2025, dated 11.01.2026 to QUASH the same and consequently directing the Respondents to continue to pay salary to the Petitioner in accordance with fixation of Selection Grade scale of pay granted for the post of Primary School Headmaster granted prior to 01.06.2009 with corresponding fixation of pay in the post of Middle School Headmaster as well as to sanction Selection Grade in the post of Middle School Headmaster.”

“To issue a writ of Certiorarified Mandamus to call for the records relating to the impugned order of 1st Respondent by his proceedings in letter No.11100/Tho.Ka.1(1)/2023-1 dated 15.12.2023, and consequential order of 7th respondent returned the petitioner pension proposal by in his letter No.E06/2/10628709/ADK, dated 10.03.2026 to QUASH the same and consequently directing the Respondents to to sanction the pension and other terminal benefits based on the last pay drawn by the petitioner with 12 percent.”

W.P.No.15119 of 2026:

“To issue a writ of Certiorarified Mandamus to call for the records relating to the impugned order of 1st Respondent by his proceedings in letter No.11100/Tho.Ka.1(1)/2023-1 dated 15.12.2023, and consequential order of 6th respondent returned the petitioner pension proposal by his letter No.E06/1/10628588/ADK, dated 25.02.2026 to QUASH the same and consequently directing the Respondents to refund the payment of DCRG, with interest @ 12 percent which was recovered by the respondents and sanction the revised pension and other terminal benefits, based on the last pay drawn by the petitioner.”

2. Heard the learned counsels on both sides and perused the materials available on record.

3. The issue involved in the present writ petitions were earlier considered in a batch of writ petitions in W.P.No.12275 of 2024 dated 02.03.2026, wherein, a similar relief was claimed. The learned Judge, after hearing the arguments of both sides and discussing the relevant Rules and Government Orders in detail, had ultimately disposed of the writ petitions with directions.

These directions are extracted herein below:

“85. In the result, all the writ petitions are disposed of with the following directions: ~

i) The impugned order directing the fixation of the selection grade/special grade scale of pay at the first promotional level and 2nd promotional level is set aside to the extent that there shall be no recovery of amount, which has already been paid, from the petitioners;

ii) Insofar as the petitioners, who have retired from service is concerned, no amount shall be recovered on the basis of the impugned order from the retrial benefits/pensionary benefits of the petitioners with regard to the amount already paid;

iii) Insofar as the petitioners, who are still in service, no amount shall be recovered on the basis of the impugned order from the salary of the petitioners with regard to the amount already paid;

iv) In case any amount has already been recovered from any of the petitioners towards excess payment made in the selection grade scale, the same shall not be refunded to the petitioners and the respondents shall re-fix the selection grade scale of pay of the said petitioners after amendment to FR 22~B and, thereafter, upon computation, if any amount is due and payable to any of petitioners, the same shall be paid by the respondents forthwith;

v) Until FR 22~B is amended so as to include the directions giv