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VAIBHAVI D. NANAVATI
Haresh D Patel C/O Rajendra N Patel – Appellant
Versus
Deputy Director Of Animal Husbandary – Respondent
JUDGMENT :
Vaibhavi d. Nanavati
1. Heard Mr. Shalin Mehta, the learned Senior Counsel assisted by Mr. Bharat Jani, the learned advocate appearing for the petitioners and Mr. H. S. Munshaw, the learned advocate appearing for the respondent Board.
2. The petitioners herein in the captioned petitions have challenged the impugned order dated 16.7.2011 issued by the respondent No.1 whereby the first approved higher pay-scale of Rs.5000-Rs.8000 is sought to be revised to Rs.4500-Rs.7000 with effect from 30.12.2000 and has consequently ordered to recover the excess payment made on account of cancellation of pay scale first approved higher grade pay scale of Rs.5000- Rs.8000 revised to Rs.4500-7000 and in view thereof all the petitions are heard together and decided analogously. The Special Civil Application No.2908 of 2012 is treated as lead matter and the order passed in the Special Civil Application No.2908 of 2012 would govern all the captioned petitions.
3. Brief facts leading to the filing of the present petitions read thus :-
3.1 The petitioners herein completed 09 years of services on 30.12.2000 and in view of the Government Notification dated 16.8.1994 bearing No.PGR-1194-44-MA were gi
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
Recovery of excess payments from Class-III employees is impermissible without evidence of fraud or misrepresentation, emphasizing adherence to natural justice principles.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
(1) Recovery – Any decision taken by State Government to reduce an employee’s pay scale and recover excess amount cannot be applied retrospectively and that too after a long time gap.(2) Any step of ....
The court ruled against arbitrary recovery of excess salary, emphasizing protections for employees and the necessity for compliance with procedural justice.
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
Point of Law - Supreme Court has directed that the recovery from the employees belonging to the Class-III and IV service is “impermissible in law” and also if the same is effected after a period of f....
The court affirmed that statutory rules regarding pay scales prevail over administrative resolutions, entitling Gram Sevaks to a higher pay scale of 5000-8000 after 9 years of service.
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