HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE, JJ
PATEL HARESHKUMAR DWARKADAS (HARESH D. PATEL) – Appellant
Versus
DEPUTY DIRECTOR OF ANIMAL HUSBANDARY – Respondent
ORDER :
A.S. SUPEHIA, J.
1. With the consent of the learned advocates appearing for the respective parties, the appeal is taken up for hearing today.
2. The present appeal emanate from the common judgement and order dated 26.07.2024 passed in the captioned writ petitions, wherein and whereby the learned Single Judge, after threadbare examination of the facts and relevant Government Resolutions, partly allowed the writ petition by maintaining re-fixation of the pay done by the Government authorities and setting aside the recovery of excess payment, which has been effected due to refixation of the pay-scale.
3. At the outset, learned advocate Mr.Majmudar appearing for the appellants has submitted that the impugned order dated 28.09.2011, by which refixation of the pay-scale and the recovery of excess payment, has been passed without hearing the appellants-original petitioners. It is submitted that the learned Single Judge fell in error in rejecting the writ petitions so far as re-fixation of pay is concerned. He has submitted that the appellants-original petitioners are entitled to the pay-scale of Rs.5,000-8,000/-, which was also refixed by the respondent authority subsequently, due to
The court upheld the re-fixation of pay and set aside the recovery of excess payments, affirming the validity of the Government Resolution affecting pay-scales.
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 affirmed that the pay scale adjustments for employees based on completion of service are lawful and maintain distinctions made by prior government resolutions.
The court established that pay scales for employees in different Nagarpalikas cannot be equated due to distinct financial and regulatory frameworks governing each entity.
The binding nature of an employee's undertaking regarding the recovery of excess pay and the authority of competent authorities to re-fix pay scale based on applicable Pay Rules and Government Orders....
The court established that due process must be followed in altering pay-scales, particularly regarding recovery of payments made in error, emphasizing employee rights post-retirement.
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....
(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 ....
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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