(Prayer: Appeal filed under Clause 15 of Letters Patent to set aside the order dated 16.04.2024 made in WP No. 3158 of 2022 and allow this Writ Appeal.)

S.M. Subramaniam J.

The Writ Appeal has been filed by the State challenging the order passed in W.P.No.3158 of 2022, in which, the writ Court has set aside the order of recovery and confirmed the re-fixation of pay.

2. The writ petitioner is the respondent herein. The respondent filed the writ petition challenging the order of the District Adi Dravidar and Tribal Welfare Officer, Perambalur, Perambalur District, refixing his pay and consequently, to restore his earlier pay fixation. The Writ Court, citing the legal principles laid down in the case of State of Punjab v. Rafiq Masih (2015 4 SCC 334) reported in (2015) 4 SCC 334, has set aside the order of recovery and confirmed the refixation of pay.

3. Learned counsel for the respondent would submit that the amount has been recovered from DCRG.

4. This Court, in similar circumstances, citing the aforesaid decision of Hon’ble Supreme Court, passed orders, confirming the refixation of pay and setting aside the order of recovery alone. Thus, we find no infirmity in the order passed by the writ Court. Accordingly, the order passed by the writ Court is confirmed. However, the excess amount, if any, recovered on account of refixation of pay from the respondent, is directed to be refunded by the appellants within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.