Back
K. MANMADHA RAO
Puli Arun Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
As the issue involved in both the writ petitions is one and the same, these matters are taken up together for disposal by this Common Order.
2. Heard Mr. V.V.L.N. Sarma, learned counsel appearing for the petitioner and learned Government Pleader for Services-I appearing for the respondents.
3. The facts in these two writ petitions are similar and identical, therefore W.P.(AT) No.323 of 2021 is taken as lead case and the facts therein are referred to for convenience.
The petitioner joined as Reserve Sub Inspector in A.P.S.P. Battalions in the year1977. Later, he appeared for Group-II examination conducted by the APPSC and was selected as Civil Sub Inspector and joined on 21.09.1985. Later the petitioner was promoted to the higher posts from time to time and posted at different places in different districts and now he is working as Superintendent of Police (Intelligence)((Waiting). It is further stated that one Mr. B. Chande Naik, who was working as Superintendent of Police (Non Cadre), Ongole, also originally joined in the police Department as RSI and later joined as Sub Inspector of Police (Civil) and he belonged to ST. He was given promotions from time to time not on regular l
Recovery of excess pay due to departmental error impermissible after 5 years, especially post-retirement; revised pay fixation upheld per rules.
Recovery of excess pay barred after 5 years if due to departmental error, not employee fraud; revised fixation valid per rules.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recovery of excess pay impermissible if employee retires within one year of order or excess paid over five years, absent fraud.
The main legal point established in the judgment is the entitlement of a government servant to notional pay fixation upon exoneration from disciplinary proceedings, as per the relevant government ord....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
