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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
V. Sri Lal - Appellant
Versus
The Government of Tamil Nadu, Rep. by Secretary to Government, Chennai & Another - Respondent
W.P. No. 18064 of 2014 & M.P. No. 1 of 2014
Decided On : 24-06-2022
Fixation of Pay - Opportunity for Hearing - The court quashed the order of fixation of pay and directed the authorities to afford the writ petitioner an opportunity for hearing before re-fixation of pay.
Fact of the Case:
The petitioner joined as General Assistant 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. The petitioner challenged the fixation and consequential recovery of excess payment, contending that it was done without issuing any show cause notice or considering the principles of natural justice.
Finding of the Court:
The court found that the order of fixation of pay and the consequential recovery was issued without affording an opportunity to the writ petitioner, in violation of the principles of natural justice. The court quashed the impugned order and remanded the matter back for fresh consideration, directing the authorities to issue a show cause notice and consider the case of the writ petitioner on merits and in accordance with the law.
Issues: Violation of principles of natural justice in the fixation of pay and consequential recovery of excess payment.
Ratio Decidendi: Any order affecting the rights of an employee should be passed only after affording an opportunity to the employee concerned. The authorities are empowered to correct mistakes in fixation of pay, but the employee is entitled to an opportunity for hearing.
Final Decision: The court allowed the writ petition, quashed the impugned order, and directed the authorities to afford the writ petitioner an opportunity for hearing before re-fixation of pay. No costs were awarded.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent in relation to the impugned order in Proc.No.TNPC Bd/Per/P5/007857/2014-2 dated 28.04.2014 and quash the same and issue a consequential direction to the respondents to restore the pay fixation as existed prior to the issue of the impugned order and grant all consequential benefits to the petitioner.)
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 General Assistant 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 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 such an opportunity provided to the writ petitioner or consideration of defence if any submitted by the writ petitioner in respect of revised scale of pay and the recovery.
5. In view of the facts and circumstances, this Court is of the considered opinion that the re-fixation is to be done only after affording an opportunity to the writ petitioner. No doubt, the Authorities are empowered to correct the mistakes in fixation of pay, if any. However, an employee concerned is entitled for an opportunity.
6. Accordingly, the order impugned passed by the 2nd respondent in Proc.No.TNPC Bd/Per/P5/007857/2014-2 dated 28.04.2014 is quashed and the matter is remanded back for fresh consideration. The respondents are directed to issue show cause notice setting out the facts and details to the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order and the petitioner is at liberty to submit his explanations/objections, if any, within a period of two weeks from the date of receipt of a copy of the show cause notice to be issued by the respondents. Thereafter, the respondents are directed to consider the case of the writ petitioner on merits and in accordance with law and pass appropriate orders as expeditiously as possible.
7. With the aforesaid directions, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
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 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....
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 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 ....
Opportunity must be provided before re-fixation of pay, and excess amount paid cannot be recovered from retired employees.
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.
Any order affecting the rights of the employee must be passed only after providing an opportunity to the employee.
Recovery cannot be initiated beyond the period of five years from the allegedly offending event.
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....
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