S. M. SUBRAMANIAM
S. Rajendran – Appellant
Versus
Joint Director of School Education, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records with respect to the impugned proceedings of the third respondent dated 16.09.2013 in Na.Ka.No.410/2013 consequently direct the respondents herein to grant selection grade of pay from 05.06.2012 and the same to be paid to the petitioner within a reasonable period along with 18% interest.)
1. The order cancelling the revision of pay already granted is sought to be quashed in the present writ petition.
2. The writ petitioner was appointed as P.G. Assistant and he made an application for stepping up of his pay on par with his junior one Mr.P.Ravichandran.
3. Considering the comparative statement submitted by the writ petitioner, the pay of the petitioner was stepped up in proceedings dated 08.02.2013. An audit objection was raised with reference to the stepping up of pay of the writ petitioner on par with Mr.P.Ravichandran. Based on the audit objection, the order dated 08.02.2013 was cancelled by the third respondent in proceedings dated 16.09.2013, which is impugned in the present writ petition.
4. The learned counse
Violation of principles of natural justice due to cancellation of pay revision without affording the petitioner an opportunity to respond.
Opportunity must be provided before re-fixation of pay, and excess amount paid cannot be recovered from retired employees.
The central legal point established is that any order affecting the rights of an employee, such as pay re-fixation and recovery, should be passed only after providing an opportunity for the employee ....
Any order affecting the rights of the employee must be passed only after providing an opportunity to the employee.
The central legal point established is that any order affecting the rights of an employee should be passed only after affording an opportunity to the employee concerned, in accordance with the princi....
The central legal point established in the judgment is that any order affecting the rights of an employee, such as the fixation of pay, should be passed only after affording an opportunity for a hear....
Erroneous fixation of pay or pension can be corrected, but recovery after retirement causing hardship is not sustainable without evidence of misrepresentation or written undertakings.
The court established that pending related appeals must be resolved before considering new petitions for relief, ensuring adherence to legal principles.
The central legal point established is that any order affecting the rights of an employee, such as the fixation of pay, should be passed only after affording an opportunity for hearing to the employe....
The authority can rectify pay fixation errors at any time, but recovery of excess payments after a long delay may be unjust and cause hardship.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.