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S. M. SUBRAMANIAM
K. Barathy – Appellant
Versus
Principal, Government College of Architecture & Sculpture, Kancheepuram – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent made in the proceedings Na.Ka.No.676/A/2015 dated 20.04.2018, quash the same and direct the respondents to fix the basic pay of the petitioner in the category of Typist at Rs.5960/- as on 07.09.2009 as per G.O.Ms.No.340, Finance Department, dated 26.08.2010 and to disburse the arrears of pay and allowances along with interest for the belated payment and thereafter to fix the pay of the petitioner in accordance with the Seventh Pay Commission Recommendations.)
1. The writ on hand has been filed questioning the validity of the order impugned dated 20.04.2018, rejecting the claim of the petitioner to re-fix his basic pay in the category of Typist at Rs.5,960/- as on 07.09.2009 as per G.O.Ms.No.340, Finance Department, dated 26.08.2010.
2. The petitioner states that he was selected by the Tamil Nadu Public Service Commission for appointment to the post of typist in Tamil Nadu Ministerial Service. He was selected on 08.12.2008, however, there was a delay in issuing an order of appointment and the
The main legal point established in the judgment is the limited scope of judicial review in matters of pay refixation, emphasizing the technical nature of pay fixation and the requirement for expert ....
The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.
Recovery cannot be initiated beyond the period of five years from the allegedly offending event.
Acceptance of conditions at the time of revision precludes challenging the revision and recovery. Scope of government orders must be considered in determining applicability to specific positions.
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....
Employees whose selection process concludes but who join duty after the cut-off date due to administrative reasons are entitled to notional pay fitment benefits under relevant government orders.
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 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....
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