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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, N. Senthilkumar, JJ
V. R. Kousalyaa – Appellant
Versus
Registrar General – Respondent
| Table of Content |
|---|
| 1. summary of facts involving disputed pay fixation and subsequent recovery order. (Para 1 , 2) |
| 2. application of principles against recovery of excess payments caused by employer error. (Para 3 , 4 , 5) |
| 3. final order confirming pay revision but quashing recovery of excess 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. 116/2025, dated 19.12.2025 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 Bench Clerk Grade II, Sub Court, Gingee 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 24.02.2020 and her pay has been fixed at Rs.38,400/-. 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 II
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