Madrasdated High Court · 2025

WP No. 20446 of 2014 & batch01.01.2006 and accordingly, their pay in the post of Junior Assistant was fixed in terms of G.O.Ms.No.590, Finance (Pay Cell) Department dated 01.08.1992, duly taking into consideration the option exercised by the petitioners in terms of paragraph No.3 of the said Government order. The Paragraph No.3 of the said Government order reads as under: “3. The Government have examined the above recommendation of the committee and decided to accept it. They accordingly direct that an employee holding the special grade of a lower post, when promoted to a higher post, which carries a lower scale of pay than, that of the special grade scale of pay of the lower post, be allowed to have his pay fixed in the scale of pay of the promotion post as per Fundamental Rules taking into account the presumptive pay admissible in the selection grade scale of pay of the lower post on the date of promotion (OR) shall be allowed to continue to draw his pay in the Special Grade Scale of pay of the lower post as personal to him and one increment benefit in the fixation of pay in special Grade Scale of pay of the lower post be granted to him on the date of his promotion. Employees shall exercise their option within a period of the month from the date of promotion.”2.Thereafter, the 6th pay commission revised scales of pay came into force through G.O.Ms.No.234 Finance (Pay Cell) Department dated 01.06.2009 revising the pay scales of various posts including the post of Lab Assistant as well as Junior Assistant with effect from 01.01.2006. Accordingly, the pay of the petitioners herein https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchwere also revised and all the petitioners herein have retired from service on attaining the age of superannuation. However, at the time of sanctioning the pension, the 1st respondent found certain irregularities in the fixation of pay of the petitioners and accordingly, fixed the pension at the reduced rate than the corresponding pension payable to the last drawn pay of the petitioners and proposed to recover certain amounts purportedly paid in excess of the entitlement of the petitioners by issuing the impugned proceedings.

3.A perusal of the impugned proceedings, dated 13.12.2013, discloses that the pension that was initially sanctioned in favour of the petitioners was revised by issuing different proceedings, which are shown at Reference No.2 of the impugned proceedings. The impugned proceedings only propose to recover certain amounts. The petitioners have not challenged the proceedings through which the pension sanctioned in their favour was revised. Now, the claim of the petitioners is for the fixation of their pay by taking into consideration the revised pay fixed for the post Lab Assistant under G.O.Ms.No.234 dated 01.06.2009. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch4.All the petitioners, who were admittedly appointed by transfer to the post of Junior Assistant prior to 01.01.2006, cease to be the Lab Assistants. Therefore, the claim of the petitioners for fixation of revised pay and grade pay attached to the post of Lab Assistant in terms of G.O.Ms.No.234 dated 01.06.2009 cannot be sustained.

5.Further, it is also brought to the notice of this Court that the very same issue has fallen for consideration before the coordinate bench of this Court in a batch of writ petitions vide W.P.(MD).No.16379 of 2014 and batch, and the said batch of matters were dismissed by an order dated 08.12.2020. This Court, after having perused the said order, is convinced that the claim of the petitioners herein is identical, and the relevant paragraph of the said order reads as under: “7.Considering the arguments, this Court is of the considered opinion that there is no dispute that all the petitioners were appointed as Laboratory Assistants. Further, it is admitted that all the petitioners were promoted to the post of Junior Assistants/Typists, Assistants and some candidates as Superintendents respectively. All the petitioners were promoted to the higher post, even prior to 01.01.2006, when the pay commission was implemented. It is further admitted that as per https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchG.O.Ms.No.63, dated 26.02.2011, the Scale of Pay, the Selection Grade and Special Grade Pay is fixed for the post of Laboratory Assistants. This apart, the post of Laboratory Assistant has no promotional avenues. Thus, a pay protection was given to all these cadres by the Government as one time measure. Therefore, after getting promotion, the very purpose of grant of Selection Grade and Special Grade became irrelevant. Thus, the petitioners have to go in the higher post either by way of promotion or through transfer of service and further, their pay is also protected in the promoted post and there is no reason for the petitioners to claim the benefit attached to the post of Laboratory Assistants. In other words, once the petitioners are promoted to the post of Junior Assistants/Typists and further promoted to the post of Assistants, they cannot claim the Grade Pay attached to the post of Laboratory Assistants, which was given by the Government as one time measure, considering the fact that there is no promotional avenue for the post of Laboratory Assistants. The very purpose and object of granting such a Special Grade of Pay would be defeated, in the event of continuing the said pay to the petitioners, who were already promoted to the higher post of Junior Assistants and Assistants. It is made clear that once the petitioners were promoted to the post of Junior Assistants/Typists and Assistants, then, the very question of stagnation, does not arise at all as far as the petitioners are concerned. When there is no question of stagnation, grant of higher grade pay as applicable to the post of Laboratory Assistants cannot be claimed by the writ petitioners.

8.The petitioners referred the Government Letter, dated 23.05.2011, which is a clarificatory letter. Further, the clarificatory letter cannot supersede the spirit of the Government Order passed in G.O.Ms.No.63, dated 26.02.2011. However, the said letter was further clarified by the Director of Collegiate Education in Letter Rc.No.44735/G3/2012, dated 27.02.2013 and https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchthe said clarification states that the Selection Grade and Special Grade Pay would be applicable only to the post of Laboratory Assistants.

9.Importantly, the Government, vide Letter No.4867/G2/2014-2, Higher Education (G2) Department, dated 05.06.2014, informed the Director of Collegiate Education that “such of those Laboratory Assistant who attained Selection Grade or Special Grade before 31.12.2005 and continue to work as Typist/Junior Assistant by transfer of service cannot draw pay fixed for the post of Laboratory Assistants whose revised scale of pay of Rs.5200-20200+Grade Pay Rs.2400 was fixed in the Selection Grade/Special Grade Scale of Pay of Rs.9300-34800+Grade Pay Rs.4,200 and Rs.9300-34800+Grade Pay Rs.4400”.

10.The above clarification of the Government was informed to all the Regional Joint Directors and all the Principals of Government Arts and Science Colleges as well as the Colleges of Education, vide letter, dated 22.07.2014. The said letter is impugned in all these writ petitions.

11.This Court is of the considered opinion that the Special Grade Scale of Pay was fixed to the post of Laboratory Assistants on the ground that there is no promotion for the post of Laboratory Assistants. In view of the fact that all the petitioners in these batch of writ petitions, after getting Selection Grade/Special Grade Scales of Pay in the cadre of Laboratory Assistant, have all been now working in different higher posts, after getting promotion by transfer of service as Junior Assistant/Typist/Storekeeper and now further, promoted to the post of Assistant and Superintendent and drawing salary at a level, which is more than prescribed for the existing post. Under these circumstances, the impugned orders are passed to prevent monetary loss to the State-Exchequer. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch12.It is relevant that the Government letter No.4867/G2/2014, dated 05.06.2014, clearly stipulates that those who have reached the Selection Grade or Special Grade in the post of Laboratory Assistants and getting promotion as Typist/Junior Assistant/Storekeeper before 31.12.2005, are not eligible for the revised pay of Rs.9300+34800+Grade Pay Rs.4200/- in the Selection Grade and Rs.9300-34800+Grade Pay Rs.4400 in the said Special Grade. When the Government clarified in Letter, dated 05.06.2014 in unambiguous terms that the Laboratory Assistants, who were already promoted to the post of Junior Assistants prior to 31.12.2005 are not eligible to draw the Special Grade Pay attached to the post of Lab Assistants, there is no reason to catre the said benefit even after getting further promotion to the post of Assistant and Superintendent.

13.At the outset all the petitioners, who were initially appointed as Laboratory Assistants were promoted by way of transfer of service to the higher post of Junior Assistant/Typist/Storekeeper even prior to 31.12.2005 i.e., before 01.01.2006 and further, promoted to the post of Assistant and some of the petitioners as Superintendents. The pay of all these petitioners were protected in the promotional post at the time of promotion and they were receiving higher scale of pay, than that of the scale of pay attached to the post of Junior Assistants on their promotion.

14.In view of the fact that the scale of pay fixed for the post of Laboratory Assistants was higher than, the scale of pay fixed for the post of Junior Assistants during the relevant point of time, the pay protection was given by the Government as one time measure, considering the fact that they should not be deprived of pay on account of promotion. Such one time measure cannot be a precedent so as to claim the Grade Pay attached to the post of https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchLaboratory Assistants, even after getting promotion, further to the post of Assistant.”6.In the light of the above, all the writ petitions are also liable to be dismissed.

7.However, it is brought to the notice of this Court by learned counsel for the petitioner that the pay of the petitioners was not revised in the post of Junior Assistant in terms of the order issued in G.O.Ms.No.234 dated 01.06.2009. Therefore, a request is made for passing an appropriate order for fixation of the revised pay of the petitioners who were working as Junior Assistants as on 01.01.2006, in terms of the G.O.Ms.No.234 dated 01.06.2009. Having considered the said submission, this Court does not see any impediment to pass appropriate orders in that connection, as the petitioners who were all working as Junior Assistants as on 01.06.2006 are entitled for fixation of revised pay in terms of the 6th pay commission revised scales of pay issued under G.O.Ms.No.234 dated 01.06.2009, if they were not already extended the said benefit. Insofar as the recovery proposed under the impugned proceedings are concerned, the same is https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchimpermissible under law, in the light of the law laid down by the Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported in 2015 (4) SCC 334, wherein the Hon'ble Apex Court held as under:“18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law.(i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service)(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.(iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.(v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.”8.In the light of the above, the impugned show cause notices are liable to be quashed and accordingly, they are quashed. Further, the respondents are directed https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchto consider the case of the petitioners for fixation of their pay in the revised pay scales issued under G.O.Ms.No.234 dated 01.06.2009 in the post of Junior Assistant, if the said benefit is not already extended and pass appropriate orders, as expeditiously as possible, at any rate, within a period of eight (8) weeks from the date of receipt of a copy of this order.

9.Accordingly, all the writ petitions are disposed of. No costs. Connected miscellaneous petitions, if any, shall stand closed.30-07-2025dpaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoWP No. 20446 of 2014To1.Principal Accountant GeneralOffice of the Principal Accountant General (Accounts and Entitlements) Tamilnadu, 381, Anna Salai, Chennai-600 010. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.Joint Director of CollegiateEducation, Trichy Region, Trichy.

3.Bishop Heber CollegeRep. by its Secretary, Trichirapalli-620 017.WP No. 25025 of 2014To1.Principal AccountantGeneral/BranchOfficer, Office of the Principal Accountant General(Accounts and Entitlements)Tamilnadu, 381, Anna Salai, chennai 102.Joint Director of CollegiateEducation, Chennai Region, College Road, Chennai 63.Loyola College,Rep by its Secretary, Nungambakkam, Chennai 73WP No. 25824 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.S.I.V.E.T. College,Rep. by its Secretary, Gowrivakkam, Chennai-74WP No. 25825 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10.

2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.Erode Arts and Science CollegeRep. by its Secretary, Erode-638 009.WP No. 25826 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.CBM College,Rep. by its Secretary, Kovaipudur, Coimbatore-641 042.WP No. 25023 of 2014To1.Principal AccountantGeneral/BranchOfficer, Office of the Principal Accountant General(Accounts and Entitlements)Tamilnadu, 381, Anna Salai, chennai 102.Joint Director of CollegiateEducation, Chennai Region, College Road, Chennai 63.Loyola College,Rep by its Secretary, Nungambakkam, Chennai 73WP No. 25024 of 2014To1.Principal AccountantGeneral (Accout Officer Pen 2.2), Office of the Principal Accountant General(Accounts and Entitlements)Tamilnadu, 381, Anna Salai, chennai 10 https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.Joint Director of CollegiateEducation, Tirunelveli Region, Tirunelveli3.G.Venkatasamy Naidu College,Rep by its Secretary, Kovilpatti, Thoothukudi District 628 502WP No. 25823 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10.

2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.Erode Arts and Science CollegeRep. by its Secretary, Erode-638 009. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchMUMMINENI SUDHEER KUMAR J.dpaWP No. 20446 of 2014AND WP NO. 25025 OF 2014,WP NO. 25824 OF 2014,WP NO. 25825 OF 2014,WP NO. 25826 OF 2014,WP NO. 25023 OF 2014,WP NO. 25024 OF 2014,WP NO. 25823 OF 201430-07-2025

WP No. 20446 of 2014 & batch01.01.2006 and accordingly, their pay in the post of Junior Assistant was fixed in terms of G.O.Ms.No.590, Finance (Pay Cell) Department dated 01.08.1992, duly taking into consideration the option exercised by the petitioners in terms of paragraph No.3 of the said Government order. The Paragraph No.3 of the said Government order reads as under: “3. The Government have examined the above recommendation of the committee and decided to accept it. They accordingly direct that an employee holding the special grade of a lower post, when promoted to a higher post, which carries a lower scale of pay than, that of the special grade scale of pay of the lower post, be allowed to have his pay fixed in the scale of pay of the promotion post as per Fundamental Rules taking into account the presumptive pay admissible in the selection grade scale of pay of the lower post on the date of promotion (OR) shall be allowed to continue to draw his pay in the Special Grade Scale of pay of the lower post as personal to him and one increment benefit in the fixation of pay in special Grade Scale of pay of the lower post be granted to him on the date of his promotion. Employees shall exercise their option within a period of the month from the date of promotion.”2.Thereafter, the 6th pay commission revised scales of pay came into force through G.O.Ms.No.234 Finance (Pay Cell) Department dated 01.06.2009 revising the pay scales of various posts including the post of Lab Assistant as well as Junior Assistant with effect from 01.01.2006. Accordingly, the pay of the petitioners herein https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchwere also revised and all the petitioners herein have retired from service on attaining the age of superannuation. However, at the time of sanctioning the pension, the 1st respondent found certain irregularities in the fixation of pay of the petitioners and accordingly, fixed the pension at the reduced rate than the corresponding pension payable to the last drawn pay of the petitioners and proposed to recover certain amounts purportedly paid in excess of the entitlement of the petitioners by issuing the impugned proceedings.

3.A perusal of the impugned proceedings, dated 13.12.2013, discloses that the pension that was initially sanctioned in favour of the petitioners was revised by issuing different proceedings, which are shown at Reference No.2 of the impugned proceedings. The impugned proceedings only propose to recover certain amounts. The petitioners have not challenged the proceedings through which the pension sanctioned in their favour was revised. Now, the claim of the petitioners is for the fixation of their pay by taking into consideration the revised pay fixed for the post Lab Assistant under G.O.Ms.No.234 dated 01.06.2009. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch4.All the petitioners, who were admittedly appointed by transfer to the post of Junior Assistant prior to 01.01.2006, cease to be the Lab Assistants. Therefore, the claim of the petitioners for fixation of revised pay and grade pay attached to the post of Lab Assistant in terms of G.O.Ms.No.234 dated 01.06.2009 cannot be sustained.

5.Further, it is also brought to the notice of this Court that the very same issue has fallen for consideration before the coordinate bench of this Court in a batch of writ petitions vide W.P.(MD).No.16379 of 2014 and batch, and the said batch of matters were dismissed by an order dated 08.12.2020. This Court, after having perused the said order, is convinced that the claim of the petitioners herein is identical, and the relevant paragraph of the said order reads as under: “7.Considering the arguments, this Court is of the considered opinion that there is no dispute that all the petitioners were appointed as Laboratory Assistants. Further, it is admitted that all the petitioners were promoted to the post of Junior Assistants/Typists, Assistants and some candidates as Superintendents respectively. All the petitioners were promoted to the higher post, even prior to 01.01.2006, when the pay commission was implemented. It is further admitted that as per https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchG.O.Ms.No.63, dated 26.02.2011, the Scale of Pay, the Selection Grade and Special Grade Pay is fixed for the post of Laboratory Assistants. This apart, the post of Laboratory Assistant has no promotional avenues. Thus, a pay protection was given to all these cadres by the Government as one time measure. Therefore, after getting promotion, the very purpose of grant of Selection Grade and Special Grade became irrelevant. Thus, the petitioners have to go in the higher post either by way of promotion or through transfer of service and further, their pay is also protected in the promoted post and there is no reason for the petitioners to claim the benefit attached to the post of Laboratory Assistants. In other words, once the petitioners are promoted to the post of Junior Assistants/Typists and further promoted to the post of Assistants, they cannot claim the Grade Pay attached to the post of Laboratory Assistants, which was given by the Government as one time measure, considering the fact that there is no promotional avenue for the post of Laboratory Assistants. The very purpose and object of granting such a Special Grade of Pay would be defeated, in the event of continuing the said pay to the petitioners, who were already promoted to the higher post of Junior Assistants and Assistants. It is made clear that once the petitioners were promoted to the post of Junior Assistants/Typists and Assistants, then, the very question of stagnation, does not arise at all as far as the petitioners are concerned. When there is no question of stagnation, grant of higher grade pay as applicable to the post of Laboratory Assistants cannot be claimed by the writ petitioners.

8.The petitioners referred the Government Letter, dated 23.05.2011, which is a clarificatory letter. Further, the clarificatory letter cannot supersede the spirit of the Government Order passed in G.O.Ms.No.63, dated 26.02.2011. However, the said letter was further clarified by the Director of Collegiate Education in Letter Rc.No.44735/G3/2012, dated 27.02.2013 and https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchthe said clarification states that the Selection Grade and Special Grade Pay would be applicable only to the post of Laboratory Assistants.

9.Importantly, the Government, vide Letter No.4867/G2/2014-2, Higher Education (G2) Department, dated 05.06.2014, informed the Director of Collegiate Education that “such of those Laboratory Assistant who attained Selection Grade or Special Grade before 31.12.2005 and continue to work as Typist/Junior Assistant by transfer of service cannot draw pay fixed for the post of Laboratory Assistants whose revised scale of pay of Rs.5200-20200+Grade Pay Rs.2400 was fixed in the Selection Grade/Special Grade Scale of Pay of Rs.9300-34800+Grade Pay Rs.4,200 and Rs.9300-34800+Grade Pay Rs.4400”.

10.The above clarification of the Government was informed to all the Regional Joint Directors and all the Principals of Government Arts and Science Colleges as well as the Colleges of Education, vide letter, dated 22.07.2014. The said letter is impugned in all these writ petitions.

11.This Court is of the considered opinion that the Special Grade Scale of Pay was fixed to the post of Laboratory Assistants on the ground that there is no promotion for the post of Laboratory Assistants. In view of the fact that all the petitioners in these batch of writ petitions, after getting Selection Grade/Special Grade Scales of Pay in the cadre of Laboratory Assistant, have all been now working in different higher posts, after getting promotion by transfer of service as Junior Assistant/Typist/Storekeeper and now further, promoted to the post of Assistant and Superintendent and drawing salary at a level, which is more than prescribed for the existing post. Under these circumstances, the impugned orders are passed to prevent monetary loss to the State-Exchequer. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch12.It is relevant that the Government letter No.4867/G2/2014, dated 05.06.2014, clearly stipulates that those who have reached the Selection Grade or Special Grade in the post of Laboratory Assistants and getting promotion as Typist/Junior Assistant/Storekeeper before 31.12.2005, are not eligible for the revised pay of Rs.9300+34800+Grade Pay Rs.4200/- in the Selection Grade and Rs.9300-34800+Grade Pay Rs.4400 in the said Special Grade. When the Government clarified in Letter, dated 05.06.2014 in unambiguous terms that the Laboratory Assistants, who were already promoted to the post of Junior Assistants prior to 31.12.2005 are not eligible to draw the Special Grade Pay attached to the post of Lab Assistants, there is no reason to catre the said benefit even after getting further promotion to the post of Assistant and Superintendent.

13.At the outset all the petitioners, who were initially appointed as Laboratory Assistants were promoted by way of transfer of service to the higher post of Junior Assistant/Typist/Storekeeper even prior to 31.12.2005 i.e., before 01.01.2006 and further, promoted to the post of Assistant and some of the petitioners as Superintendents. The pay of all these petitioners were protected in the promotional post at the time of promotion and they were receiving higher scale of pay, than that of the scale of pay attached to the post of Junior Assistants on their promotion.

14.In view of the fact that the scale of pay fixed for the post of Laboratory Assistants was higher than, the scale of pay fixed for the post of Junior Assistants during the relevant point of time, the pay protection was given by the Government as one time measure, considering the fact that they should not be deprived of pay on account of promotion. Such one time measure cannot be a precedent so as to claim the Grade Pay attached to the post of https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchLaboratory Assistants, even after getting promotion, further to the post of Assistant.”6.In the light of the above, all the writ petitions are also liable to be dismissed.

7.However, it is brought to the notice of this Court by learned counsel for the petitioner that the pay of the petitioners was not revised in the post of Junior Assistant in terms of the order issued in G.O.Ms.No.234 dated 01.06.2009. Therefore, a request is made for passing an appropriate order for fixation of the revised pay of the petitioners who were working as Junior Assistants as on 01.01.2006, in terms of the G.O.Ms.No.234 dated 01.06.2009. Having considered the said submission, this Court does not see any impediment to pass appropriate orders in that connection, as the petitioners who were all working as Junior Assistants as on 01.06.2006 are entitled for fixation of revised pay in terms of the 6th pay commission revised scales of pay issued under G.O.Ms.No.234 dated 01.06.2009, if they were not already extended the said benefit. Insofar as the recovery proposed under the impugned proceedings are concerned, the same is https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchimpermissible under law, in the light of the law laid down by the Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported in 2015 (4) SCC 334, wherein the Hon'ble Apex Court held as under:“18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law.(i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service)(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.(iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.(v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.”8.In the light of the above, the impugned show cause notices are liable to be quashed and accordingly, they are quashed. Further, the respondents are directed https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchto consider the case of the petitioners for fixation of their pay in the revised pay scales issued under G.O.Ms.No.234 dated 01.06.2009 in the post of Junior Assistant, if the said benefit is not already extended and pass appropriate orders, as expeditiously as possible, at any rate, within a period of eight (8) weeks from the date of receipt of a copy of this order.

9.Accordingly, all the writ petitions are disposed of. No costs. Connected miscellaneous petitions, if any, shall stand closed.30-07-2025dpaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoWP No. 20446 of 2014To1.Principal Accountant GeneralOffice of the Principal Accountant General (Accounts and Entitlements) Tamilnadu, 381, Anna Salai, Chennai-600 010. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.Joint Director of CollegiateEducation, Trichy Region, Trichy.

3.Bishop Heber CollegeRep. by its Secretary, Trichirapalli-620 017.WP No. 25025 of 2014To1.Principal AccountantGeneral/BranchOfficer, Office of the Principal Accountant General(Accounts and Entitlements)Tamilnadu, 381, Anna Salai, chennai 102.Joint Director of CollegiateEducation, Chennai Region, College Road, Chennai 63.Loyola College,Rep by its Secretary, Nungambakkam, Chennai 73WP No. 25824 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.S.I.V.E.T. College,Rep. by its Secretary, Gowrivakkam, Chennai-74WP No. 25825 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10.

2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.Erode Arts and Science CollegeRep. by its Secretary, Erode-638 009.WP No. 25826 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.CBM College,Rep. by its Secretary, Kovaipudur, Coimbatore-641 042.WP No. 25023 of 2014To1.Principal AccountantGeneral/BranchOfficer, Office of the Principal Accountant General(Accounts and Entitlements)Tamilnadu, 381, Anna Salai, chennai 102.Joint Director of CollegiateEducation, Chennai Region, College Road, Chennai 63.Loyola College,Rep by its Secretary, Nungambakkam, Chennai 73WP No. 25024 of 2014To1.Principal AccountantGeneral (Accout Officer Pen 2.2), Office of the Principal Accountant General(Accounts and Entitlements)Tamilnadu, 381, Anna Salai, chennai 10 https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batch2.Joint Director of CollegiateEducation, Tirunelveli Region, Tirunelveli3.G.Venkatasamy Naidu College,Rep by its Secretary, Kovilpatti, Thoothukudi District 628 502WP No. 25823 of 2014To1.The Principal AccountantGeneral, Office of the Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 381, Anna Salai, Chennai-10.

2.The Joint Director ofCollegiate Education, Coimbatore Region, Coimbatore.

3.Erode Arts and Science CollegeRep. by its Secretary, Erode-638 009. https://www.mhc.tn.gov.in/judis WP No. 20446 of 2014 & batchMUMMINENI SUDHEER KUMAR J.dpaWP No. 20446 of 2014AND WP NO. 25025 OF 2014,WP NO. 25824 OF 2014,WP NO. 25825 OF 2014,WP NO. 25826 OF 2014,WP NO. 25023 OF 2014,WP NO. 25024 OF 2014,WP NO. 25823 OF 201430-07-2025