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S. M. SUBRAMANIAM
S. Adhinarayanan – Appellant
Versus
Tamil Nadu Generation & Distribution Corporation Ltd. , Rep. by its Chairman and Managing, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Certiorari, calling for the records of the 2nd respondent in connection with Memo No.003755/1/G.17/G.172/F.Pay Ano/2009-11, dated 22.09.2014 issued by the 2nd respondent to the 3rd respondent and quash the same.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a Certiorari, calling for the records of the 2nd respondent in connection with Memo No.003755/1/G.17/G.172/2009-10, dated 22.09.2014 issued by the 2nd respondent to the 3rd respondent and quash the same.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a Certiorari, calling for the records of the 2nd respondent in connection with Memo No.003755/1/G.17/G.172/2009-9, dated 22.09.2014 issued by the 2nd respondent to the 3rd respondent and quash the same.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a Certiorari, calling for the records of the 2nd respondent in connection with Memo No.003755/1/G.17/G.172/F.Pay Ano/2009-12 dated 22.09.2014 issued by the 2nd respondent to the 3rd respondent and quash the same.
Writ Petition filed Under Article 226 of the
Opportunity must be provided before re-fixation of pay, and excess amount paid cannot be recovered from retired employees.
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 ....
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.
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 of alleged excess salary payments from Group 'C' or 'D' employees, which occurred due to administrative error without any misrepresentation by the employee, is impermissible in law.
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