B. RADHAKRISHNAN versus THE STATE OF TAMIL NADU & ORS.

Citation: [2015] 14 S.C.R. 57 · Decided: 17-11-2015 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Case Partly allowed
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Judgment (excerpt)

[2015] 14 s,c.R. 57 
B. RADHAKRISHNAN 
v. 
THE STATE OF TAMIL NADU & ORS. 
(Civil Appeal No. 13407 of 2015) 
NOVEMBER 17, 2015 
[J. CHELAMESWAR AND 
ABHAV MANOHAR SAPRE, JJ.] 
Service Jaw: Recovery of excess amount paid to the 
employee - Single Judge of High Court directed stepping 
A 
B 
c 
up of basic pay of the appellants-writ petitioners at par with 
some other employees - €Jrder implemented - Division 
Bench allowed State's appeal against the said order and held D 
that appellants could not be compared with the other set of 
employees to grant parity of pay and ordered recovery of 
excess amount paid - On appeal, held: The respondents 
issued an order sanctioning stepping up of the pay scale of 
the appellants on the strength of the order of High Court -
E 
While claiming this relief, the appellants neither committed 
any fault nor made any incorrect/false statement to secure 
the benefits and it was being claimed only on the basis of 
parity - Therefore, it shall not be just to recover any excess 
amount which has already been paid to them. 
F 
Partly allowing the appeals, the Court 
HELD: It shall only be just and proper not to recover 
any excess amount from the appellants, which has been 
G 
paid to them on the basis of stepping up of .their pay 
scale. It is much more so when the appellants have given 
up their challenge to the respondent's main action taken 
against the appellants objecting for the grant of benefit 
of stepping up of their pay and confined their attack to H 
57 
58 
SUPREME COURT REPORTS 
(2015] 14 S.C.R. 
A the issue of recovery of excess amount from them. The 
impugned order is modified only to the extent of directing 
the respondents not to make recovery of any excess 
amount from the appellants in relation to the payment 
made to them towards stepping up of their pay scale. 
B [Paras 18, 19] [63-F-H; 64-A] 
c 
D 
Shyam Babu Verma & Ors. v. Union of India & 
Ors. 1994 (1) SCR 100 : (1994) 2 sec 521 -
relied on. 
Union of India & Ors. v. O.P. Saxena 1997 (2) 
Suppl. SCR 695: 1997 (6) SCC 360 - referred 
to. 
Case Law Reference 
1997 (2) Suppl. SCR 695 
1994 (1) SCR 700 
referred to 
relied on 
Para 11 
Para 13 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 
E 13407 of 2015. 
F· 
From the Judgment and Order dated 02.07.2013 of the 
High Court of Judicature at Madras in W. A. No. 398 of 2013 
WITH 
C. A. No. 13409 of 2015. 
R. Basant, Sr. Adv., Govind Manoharan, Ms. Suchitra 
Kumbhat (For Senthil Jagadeesan) for the Appellant. 
G 
Subramonium Prasad, Sr. Adv., B. Balaji for the 
H 
Respondent. 
The Judgment of the Court was delivered by 
ABHAY MANOHAR SAPRE, J. 1. Leave granted. 
B. RADHAKRISHNAN v. THE STATE OF TAMIL NADU & 
59 
ORS. 
2. These appeals are filed against the common final 
A 
judgment and order dated 02.07.2013 of the.High Court of 
Judicature at Madras in W.A. Nos.398 and 399 of 2Q13 
whereby the High Court allowed the appeals filed by the 
respondents herein and set aside the common order dated 
13.09.201 O of the learned Single Judge in W.P. Nos. 9527 B 
and 9528 of 2006 by which the appellants' writ petitions were 
allowed. 
3. 
In order to appreciate the issue involved in these · 
appeals, which lie in a narrow compass, few relevant facts c 
need mention infra. 
4. Mr. B. Radhakrishnan and Mr. K. Padmaraj, -
appellants herein were enlisted in the Police Department of 
the Coimbatore City Police Unit in the year 1976 and 1977 
respectively as Grade-II Police Constables: One Eswaran and D 
others were recruited between 1979 and 1982 in theTamil . 
"' 
Nadu Special Police Battalion as Grade-II Police Constables, 
Category Ill.. These persons were promoted to the post of Naik 
in the year 1985 and subsequently in the year 1987 to the post 
of Havaldar. At that time these persons were drawing higher E 
pay than the appellants. 
5. In the year 1993, Eswaran and others exercised their 
option as provided in the Tamil Nadu Special Police 
Subordinate Service Rules 1978 and sought their transfer to 
F 
the Armed Reserve, Coimbatore City Division. It was allowed. 
6. After their transfer, it was found that in the transferred · 
post, they have to receive lower pay and accordingly 
instructions were issued by the office of the Director General 
vide memo dated 27.07.1982 for protection of their pay and G 
hence their pay was regularized in the scale of pay of Rs.825-
15-900-20-1200 on the basis of the pay last drawn by them in 
the time scale. of pay of Rs.1200-30-1560-40-2040.
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