State authorities cannot recover excess pay amounts from employees or retirees if the pay fixation was based on existing government orders until such time as the relevant service rules, specifically FR 22-B, are formally amended to authorize such adjustments.

O R D E R

Mr.N.Satheesh Kumar, learned Additional Government Pleader, takes notice for the first to fourth respondents and Mr.P.Gunasekaran, learned counsel, takes notice for the fifth respondent.

2. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the first to fourth respondents and the learned counsel appearing for the fifth respondent.

4. This Writ Petition has been filed against the order dated

16.03.2026 passed by the fourth respondent re-fixing the pay of the petitioner and ordering for recovery of certain amounts pursuant to re- fixation of pay in terms of the Government Orders in G.O.(Ms.) No.234, Finance (Pay Cell) Department, dated 01.06.2009 and G.O.(Ms.) No.23, Finance (Pay Cell) Department, dated 12.01.2011.

5. Today, when the matter is taken up for consideration for admission, learned counsel on either side agree that the issue that arises for consideration in this Writ Petition is squarely covered by an order passed by the Coordinate Bench of the Principal Seat of this Court in W.P.No.12275 of 2024 and batch, dated 02.03.2026, in an identical fact situation. Further, in terms of the directions issued in the said order, this Court has also disposed of a batch of Writ Petitions vide order dated

26.03.2026 in W.P.(MD) No.30967 of 2025 and batch.

6. In the light of the above, this Court, after perusing the impugned orders passed by the respondent authorities, is of the considered view that this Writ Petition can be disposed of in the light of the directions issued in the said order dated 02.03.2026 in W.P.No.12275 of 2024 and batch. The directions issued at Paragraph No.85 of the said order read as under:

''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 retiral 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 refix 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 given in G.O. Ms. No.63305/Pay Cell/2010-1 dated 8.11.2010, more particularly para 4 (i) of the said Government Order, no action shall be taken by the respondents to refix the scale of pay of the petitioners and similarly placed persons;

vi) Subject to amendment, if any, that may be made to FR 22-B, with reference to G.O. Ms. No.63305/Pay Cell/2020-1 dated 8.11.2020, the respondents are at liberty to revise the salary of the persons who are in service by refixing their scales of pay in the selection grade as also the pensionary benefits of the pensioners by refixing their scales of pay in selection grade in line with the amendments that may be made to FR 22-B for computing