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2022 Supreme(Mad) 1990

S. M. SUBRAMANIAM
T. Sehar – Appellant
Versus
Government of Tamil Nadu, Represented by its Secretary to Government, Chennai – Respondent


Advocates appeared:
For the Petitioner:K. Venkata Ramani, Senior Counsel, M. Muthappan, Advocate. For Respondents: R1, S. Anitha, Special Government Pleader, R2, Vijayakumari Natarajan, Standing Counsel for TNPCB.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the second respondent in Proc.No.Per/P1/5143/11 dated 13.07.2013 and Proc.No.TNPCB/Per/P1/26562/2013 dated 12.05.2014 and quash the same.)

1. The order of fixation of pay and the consequential recovery of excess payment is sought to be quashed in the present writ petition.

2. The petitioner joined as Assistant Engineer in the Tamil Nadu Pollution Control Board. The fixation of pay was done as per the Tamil Nadu Revised Scales of Pay after 01.01.2006 in the case of the writ petitioner.

3. The learned Senior Counsel appearing on behalf of the writ petitioner mainly contended that the fixation and the consequential recovery was issued without even issuing any show cause notice to the writ petitioner and therefore, the order impugned is in violation of the principles of natural justice.

4. Any order affecting the rights of an employee is to be passed only after affording an opportunity to the employee concerned. In the present case, there is no reference regarding

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