Home Police Department v. T.Parthiban

Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra court appeal is preferred by the Police Department challenging the order dated 06.10.2025 passed in W.P.No.38301 of 2024.

¶2With the consent of both parties, the writ appeal is taken up for final hearing.

¶3An order of refixation of pay and consequential recovery order was issued based on the audit objections. The first respondent / writ petitioner challenged the said refixation of pay and recovery. The Writ Court considered the issues and held that the amount which has been paid to the petitioner cannot be recovered and set aside the impugned order of recovery. While directing the employee to give a representation regarding refixation, the writ court directed to refund the excess salary already recovered from the Page3 of 4 respondent in view of the principles laid down by the Hon'ble Supreme Court in the case of State of Punjab v. Rafiq Masih (2015) 4 SCC 334.

¶4In view of the facts and circumstances, the revision of pay effected pursuant to the Audit Objection is confirmed, but the recovery of excess pay alone is set aside. The excess amount recovered on account of the impugned order is directed to be re-paid to the respondent employee within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, the writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (K.G.R.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order KST To The Principal Accountant General A And E Tamil Nadu, Teynampet, Chennai. WAoNo.o2482oofo2026 S.M.SUBRAMANIAMeJ. AND KRISHNASWAMYeGOVINDARAJANeJ. KST WAeNo.e2482eofe2026 AND CMPeNO.e21905eOFe2026 19-08-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 2482 of 2026 AND CMP NO. 21905 OF 2026 1. Home Police Department Rep. By Its Additional Chief Secretary To The Government, Home Police Department, Fort St. George, Chennai - 600 009. 2. The Director General Of Police Law And Order Head Of Police Force, Office Of The Director General Of Police, Mylapore, Chennai - 600 004. 3. Head Of Police Force, Office Of The Director General Of Police, Mylapore, Chennai - 600 004. 4. The Commissioner Of Police Chennai City, Vepery, Chennai. 5. The Deputy Commissioner Of Police Headquarters, Greater Chennai Police, Chennai. ..Appellants Vs 1. T.Parthiban S/o.Late Thangavelu, Sub Inspector of Police (Retired), S.I.No.9549, No.4/D113, 18th Street, Periyar Nagar, Cheenai District 600 082. 2. The Principal Accountant General A And E Tamil Nadu, Teynampet, Chennai. ..Respondents Page2 of 4 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the impugned order dated 06.10.2025 made in WP.No.38301 of 2024 and allow this Writ appeal. For Appellant(s): Ms.Y.Kavitha, Additional Government Pleader For Respondent(s): Mr.V.Vijay Shankar Standing Counsel For R2 M/s.V.Lakshminarayanan For R1