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2026 Supreme(Online)(Mad) 103277
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 2835 of 2026 and CMP No.25006 of 2026 CNR: {HCMA012619142025}
1. The Government of Tamil Nadu Rep. By Secretary To Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director Of Elementary Education College Road, Chennai 600 006.
3. The District Elementary Educational Officer Tiruppur, Tiruppur District.
4. The Block Educational Officer Avinashi Panchayat Union, Avinashi, Tirupur District.
..Appellant(s)
Vs K.Thangam ..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02-07-2024 made in WP.No.1212 of of 2022 and allow the writ appeal.
For Appellant(s): Mr.K.Rajesh, Government Advocate For Respondent(s): Mr.R.Saseetharan
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
State preferred the present Intra Court Appeal challenging the Writ Order dated 02.07.2024, passed in WP No.1212 of 2022.
2.The respondent filed the writ petition challenging the proceedings dated 11.10.2021 issued by the Block Educational Officer/fourth appellant. The fourth appellant identified an error in fixation of pay and issued proceedings dated 11.10.2021, correcting the error by re-fixing the pay and ordered for recovery of excess pay made in favour of the respondent. The Writ Court allowed the writ petition by quashing the entire proceedings and further directed to restore the original pay fixation, which resulted in filing of the present appeal.
3.Error in fixation of pay shall be corrected by the competent authorities at any point of time. No Government employee is entitled to receive the excess pay based on erroneous fixation. Any such excess salary would result in unjust gain and financial loss to the State Exchequer. Therefore, correction of mistake in fixation of pay is permissible. However, re-fixation of pay must be approved since it is only a correction of mistake.
4.In the present case, the respondent is due to retire from service on 31.12.2026. The learned counsel for the respondent Mr.R.Saseetharan would submit that the respondent has filed an affidavit of undertaking that he will repay the interest. Paragraph No.5 of the undertaking filed by the respondent reads as under:
5. I submit that I am due to retire on 31.12.2026 on attaining the age of superannuation. I am ready and willing to repay the excess sum quantified by the 4th Appellant/4th Respondent in Writ Petition as Rs.2,75,359/- within a period of one month from today so that my pension proposal can be processed as per the pay fixed in the subsequent Proceedings dated 11.10.2021. After 11.10.2021, the Respondent has not recovered the excess but paid only the reduced pay. My pension proposal may be processed in the pay on the basis of pay revised by the Proceedings dated 11.10.2021.
In these circumstances, it is humbly prayed that this Hon’ble Court may be pleased to accept the present Affidavit of Undertaking for refund of Rs.2,75,359/- within a period of one month from today so that the Appellants may process my pension papers and pass such other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.
5.In view of the affidavit of undertaking filed by the respondent, the writ order impugned dated 02.07.2024, passed in WP No.1212 of 2022 is set aside and the appeal stands allowed. However, the appellants shall submit the pension proposal in favour of the respondent if there are no other impediments as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is also closed.
