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S. M. SUBRAMANIAM
N. Mohan – Appellant
Versus
State of Tamil Nadu, rep. by its Principal Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his Proceedings Na.Ka.No.1828/E6/2015 dated 17.03.2015 and quash the same, and direct the respondents to fix the scale of pay of the petitioner in the Pay Band Rs.5200-20200+Grade Pay Rs.2400/- as per the Government Letter No.63305/Pay Cell/2010-1, Finance (PC) Department, dated 08.11.2010 and confer all the consequential benefits.)
Common Order
1. The rejection of revised scale of pay along with the Grade Pay of Rs.2400/- as per the Government letter dated 08.11.2010 is under challenge in the present writ petition.
2. The writ petitioners were selected and appointed as Compressor Operator and initially they were appointed as daily rated employees and subsequently absorbed as regular employment in the time scale of pay. The petitioners state that their scale of pay was brought into the pay band of Rs.5200-20200 Plus Grade Pay Rs.1900/-. In order to rectify the pay anomalies, the Government appointed One Man Commission and pursuant to the report submitted by the One Man Comm
The main legal point established in the judgment is the eligibility for the revised scale of pay as per the Government letter dated 08.11.2010 based on the date of award of Selection Grade.
The court emphasized the principles of fixation of pay in Selection Grade/Special Grade and the consistent policy of restricting the pay of the Selection Grade of the lower post to the pay of the Ord....
The court ruled that recovery of higher pay from employees without prior notice and due process violates principles of natural justice, emphasizing the necessity of protecting vested rights.
The recovery of excess salary payments from employees is impermissible, and any refixation of pay scales must await formal amendment to the relevant service rules, ensuring such adjustments are appli....
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
The main legal point established in the judgment is the entitlement of the petitioners to the specific pay scale as per the circular dated 25.1.1992, and the requirement for the respondents to implem....
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