Case Note & Summary
The writ petition was filed by the petitioner challenging the validity of the pay fixation and the recovery of excess pay imposed by the authorities. The petitioner sought a writ of certiorarified mandamus to quash the order dated 28.01.2020 issued by the Accountant General of Tamil Nadu and to revise the pay scale as per the relevant Government Orders. The court noted that the pay fixation was made by the Judicial Departments and that there was no misrepresentation by the petitioner. The Accountant General raised objections regarding the fixation, stating it exceeded the admissible scale for the promotional post. The court highlighted that recovery of excess pay after several years, especially after the employee's retirement, would cause undue hardship. The court referred to previous judgments that supported the view against recovery in such circumstances. Ultimately, the court confirmed the refixation of pay as per the Accountant General's directives but set aside the recovery of excess amounts already paid to the petitioner, directing the authorities to repay any amounts recovered within 12 weeks. The writ petition was allowed in part, with no costs awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Validity of Pay Fixation - Article 226 of the Constitution of India - The court examined the legality of the pay fixation done by the Family Court Judge and the Registrar General, which was challenged by the petitioner. The court held that the fixation was done in accordance with the Pay Rules and Government Orders, confirming the refixation while setting aside the recovery of excess pay due to the petitioner's superannuation status (Paras 1-10).
Issue of Consideration
Whether the pay fixation and subsequent recovery imposed on the petitioner were valid and lawful.
Final Decision
The court confirmed the refixation of pay as per the directives of the Accountant General of Tamil Nadu and set aside the recovery of excess salary already paid to the petitioner. The authorities were directed to repay any amounts recovered within 12 weeks.
Law Points
- Writ jurisdiction
- Pay fixation
- Recovery of excess pay
- Judicial review
- Government Orders
