Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs Justice N. Mala, J
E. Dhayalan – Appellant
Versus
Chief Engineer/Distribution, Vellore Electricity Distribution Circle, Gandhi Nagar, Vellore – Respondent
ORDER :
(N. MALA, J.)
This Writ Petition is filed to call for the entire records connected with the impugned orders passed by the second respondent in Memo No.013659/356 Ma.Po.Va/NI.Pi.2/U.1/2021, dated 16.09.2021 and consequential order in Memo No.013553/356/Admn.2/A.2/2021, dated 24.09.2021 and quash the same and consequently direct the respondents to restore the old pay.
2.The petitioner was appointed as Helper in the respondent Board and jointed the said post on 08.09.1987, in the Construction and Improvement Department at, Chenganatham. The petitioner was promoted as Foreman, after completion of seven years of service as Helper on 30.06.2010. Thereafter on completion of nine years of satisfactory service, the petitioner was sanctioned Selection Grade Foreman, as per Board Proceeding dated 26.09.2019, passed by the second respondent with effect from 30.06.2019 and the petitioner's pay was fixed in the post of Selection Grade. In the meanwhile, the petitioner's name was included in the panel for promotion to the post of Special Grade Foreman and the second respondent issued posting orders vide memo dated 28.06.2019. The said order was communicated to the petitioner through the thir
The court held that actions with civil consequences must follow principles of natural justice, including providing notice and an opportunity to be heard.
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....
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 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 judgment established the principle that recovery of excess payment can be ordered unless extreme hardship is caused to the employee. It also highlighted the importance of public money and the rel....
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
