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S. M. SUBRAMANIAM
V. Sri Lal – Appellant
Versus
Government of Tamil Nadu, Rep. by Secretary to Government, Chennai – Respondent
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 passe
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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