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SUJIT NARAYAN PRASAD
Dropadi Devi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the following prayer has been made:-
2. The fact leading to filing of this writ petition is, as per the pleading, made that the District Education Establishment Committee has taken a decision on the basis of some irregularity in fixation of the pay scale.
3. The decision was taken to rectify the same and recover the excess amount already by complying the principle of natural justice, thereafter, in consequence of the aforesaid general decision, the concerned D.S.E., Pakur has come out with the list containing the names of 277 teachers, which includes the petitioner also.
4. The pay scale was re-fixed that led the writ petitioner to approach this Court by filing the instant writ peti
A writ petition under Article 226 to contest a pay fixation must be timely; delays can lead to denial of the claim.
The court ruled against arbitrary recovery of excess salary, emphasizing protections for employees and the necessity for compliance with procedural justice.
Judicial review does not permit courts to reassess evidence or findings in departmental inquiries unless they are perverse or based on no evidence.
The court established that actions affecting employment rights must comply with natural justice, requiring a hearing before adverse decisions.
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 main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
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