Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE AMIT RAWAL, MR.JUSTICE K. V. JAYAKUMAR, JJ
V.PRAKASAN S/o. LATE P. GOPALAN – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
(K.V. JAYAKUMAR, J.)
This judgment shall dispose of two OP(CAT)s.
2. Aggrieved by the order of the Central Administrative Tribunal, in O.A.No.1123/2014 dated 24.12.2018, as well as in R.A.No.14/2019 dated 10.04.2019, the petitioner and the Union of India preferred two separate OP(CAT)s. The OP(CAT).No.238/2019 was preferred by the applicant and the OP(CAT).No.244/2019 was preferred by the Union of India and its officers. The parties are hereinafter referred to as the applicant and the respondents as per their rank in the OA.
3. The facts necessary for disposal of this OP(CAT)s in brief are as follows:
The applicant, V. Prakasan, joined the post of temporary Overseer (Civil) in the pay scale of Rs.330-560 on 06.10.1976 in Andaman Lakshadweep Harbour Works [hereinafter referred to as ‘ALHW’]. Thereafter, the applicant was selected as Direct recruit and joined in the post of Engineering Assistant on 22.11.1979 in the pay scale of 425-700. On completion of 5 years service as Engineering Assistant, the applicant, along with certain other Engineering Assistants, was placed in the pay scale of 1660-2660, with effect from 31.03.1994. Vide Annexure-A5 office order, Engineering Assista
The unilateral withdrawal of financial benefits without due process violates principles of natural justice, necessitating communication of adverse ACR entries to the employee.
The court ruled that recovery of excess payments, if made after significant time lapses, is impermissible under the law, emphasizing financial upgradation rights under the MACP scheme.
Three-tier pay structure excludes employees from ACP benefits; recovery of erroneous excess payments barred from Class-III employees, retirees, over five years without misrepresentation.
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
