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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Saravanakumar & Another - Appellant
Versus
The Government of Tamil Nadu, Rep. by its Secretary to Government, Chennai & Another - Respondent
W.P. Nos. 16401, 16407 of 2014 & M.P. No. 2 of 2014
Decided On : 24-06-2022
Natural Justice - Fixation of Pay - Opportunity for Hearing
Fact of the Case:
The petitioner, an Assistant Engineer, challenged the fixation of pay and consequential recovery of excess payment without being provided an opportunity for a hearing.
Finding of the Court:
The court found that the order of fixation of pay and recovery was issued without affording the petitioner an opportunity for a hearing, thereby violating the principles of natural justice. The court quashed the impugned orders and remanded the matter for fresh consideration, directing the respondents to issue a show cause notice and consider the case of the petitioner on merits and in accordance with the law.
Issues: Violation of principles of natural justice in the fixation of pay and recovery of excess payment without affording an opportunity for a hearing.
Ratio Decidendi: Any order affecting the rights of an employee should be passed only after affording an opportunity to the employee concerned. The court emphasized that re-fixation of pay should be done only after affording an opportunity to the employee, even though authorities are empowered to correct mistakes in fixation of pay.
Final Decision: The writ petition was allowed, the impugned orders were quashed, and the matter was remanded for fresh consideration with directions to provide the petitioner with an opportunity for a hearing.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for 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 07.05.2014 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 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 second respondent in proceedings No.Per/P1/5143/11, dated 13.07.2013 and proceedings No.TNPCB/Per/P1/26562/2013, dated 07.05.2014 are 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 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 the fixation of pay, should be passed only after affording an opportunity for hearing to the employe....
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.
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.
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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