CHENNAI: The Madras High Court set aside the order of the special sub-judge, Cuddalore, to recover excess pay and allowance from an office assistant working in the Court, as the fixation of the pay scale was erroneous and above the scale of pay prescribed to the post.

A division bench of Justice SM Subramaniam and Justice C Kumarappan heard a petition by P.Kalaimani seeking to set aside the order of the special sub-judge.

The petitioner initially worked as a sanitary worker in the Court, later in 2012 she was transferred to the post of office assistant, and her pay scale was revised.

However, the internal audit wing of the Madras High Court found that the pay scale revised to the petitioner was erroneous as it is above the scale of pay prescribed to the post of office assistant.

Based on the audit report the special sub-judge, Cuddalore issued an order re-fixing the scale of pay of the petitioner and consequently ordered for recovery of excess pay and allowance paid to the tune of Rs.91,988. Aggrieved by this order, the petitioner moved the High Court.

The respondent opposed the plea and stated that the competent authorities are empowered to correct the mistakes in the fixation of pay.

After the submission, the bench held that the recovery of excess pay and allowance from the petitioner, who is working as a class-4 employee, would result in great hardship and set aside the order.

However, the bench also confirmed the corrected revision of pay stands and the petitioner is allowed to receive the corrected revised pay.