The court held that actions with civil consequences must follow principles of natural justice, including providing notice and an opportunity to be heard.

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 third respondent on 03.07.2019. The petitioner was relieved from service on 03.07.2019, and joined as Special Grade Foreman on, 11.07.2021. Whileso, after a lapse of two years, the third respondent vide memo dated 17.07.2021, directed the petitioner to refund the excess amount of Rs.1,09,629/- paid as Special Grade Incentive and informed the petitioner that the said amount would be deducted from his salary from July 2021, onwards. The petitioner immediately sent a reply on 17.07.2021, stating that the sanction of Selection Grade to him was proper and further requested the second respondent to drop the recovery proceedings. The second respondent without considering the petitioner's reply issued a prefunctory order of recovery dated 24.09.2021, and consequential order re-fixing the scale of pay from 88,600/ to 83,500/-. Impuging the aforesaid orders of the second respondent, the petitioner has filed the above writ petition for the aforesaid relief.

3.The respondents filed a detailed counter and submitted that the petitioner after completion of nine years of service in the Foreman post, as per B.P.(FB) No.12(SB) dated 08.02.2006, was moved to selection grade post vide order in M.No.008720/888-1/EE/O&M/VLR/A.2/F.S.G. Pay fix/19, dated 26.09.2019 and his pay was fixed in the post of selection grade foreman with effect from 30.06.2019 F.N. In the meanwhile, the petitioner's name was included in the panel for promotion to the post of Special Grade Foreman. The petitioner was promoted, posting orders were issued vide memo dated 28.06.2019, and the petitioner was posted at 230 KV SS/Maintenance/Thiruvallam. The order was communicated to the petitioner through the third respondent's letter dated 03.07.2019, and the petitioner was relieved on 04.07.2019, in the office of Junior Engineer / O&M / Salvanvanpet/Vellore. The petitioner joined as Special Grade Foreman on 11.07.2019 forenoon. The respondents submitted that the Assistant Audit Officer/Vellore objected to the grant of special grade incentive to the petitioner vide Audit Slip No.24, dated 25.03.2021. The Audit Officer stated that on review of the service book along with FCR of the petitioner, it was noticed that the Selection Grade pay to the petitioner was admitted in the post of Foreman, after the issue of promotion order to the post of Special Grade Foreman and so the same was improper. The Audit Officer therefore directed that the Selection Grade Incentive increment had to be cancelled and the excess payment of pay and allowance of Rs.1,09.629/- was to be recovered from the petitioner and his pay refixed from Rs.88,600/- to 83,500/-. According to the respondents, as per the Board memo dated 25.09.2018, the employees to whom the Selection Grade increment was granted after the issuance of promotion orders n