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2026 Supreme(Online)(Mad) 48191

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, N. Senthilkumar, JJ
G. Sarala – Appellant
Versus
Registrar General High Court Of Madras – Respondent


Advocates:
For the Appellants/Petitioners: S. Tamil Selvan
For the Respondents: M. Palanimuthu

Table of Content
1. challenge against recovery of salary following incorrect promotional increment fixation. (Para 1 , 2)
2. limitation on recovery of excess payments caused by employer error. (Para 3 , 4 , 5)
3. court confirms pay revision but orders refund of recovered salary. (Para 6 , 7)

(Order of the Court was made by S.M.Subramaniam J.)

The Writ Petition has been filed to set aside the order of the 2nd respondent in Office Order No. 123/2025, dated 12.11.2025 and to direct the respondents to remit back the recovered amount to the petitioner.

2. Petitioner originally worked as Bench Clerk Grade- III, and now working as Sheristadar under the 2nd Respondent. Petitioner was promoted from the post of Assistant to Bench Clerk Grade III and joined duty as Bench Clerk Grade III and was sanctioned promotional increment on 14.09.2013 and her pay has been fixed at Rs. 10420 + 2800 G.P. First Respondent, after a long time issued Audit Report and directed the 2nd Respondent that there was inadmissible sanction of one increment on transfer from the post of Assistant to the post of the Bench Clerk Grade III on the ground that the post of Bench Clerk Grade III is created by redeployment from the p

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