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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Akshaya Kumar Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge of pension impact due to order. (Para 1 , 2) |
| 2. arguments on retrospective revision legality. (Para 3) |
| 3. submission regarding eligibility for scheme benefits. (Para 4) |
| 4. review of timelines and procedural fairness. (Para 5 , 6) |
| 5. established legal principles against retroactive pay cuts. (Para 7 , 8 , 9 , 10 , 11) |
| 6. writ petition allowed; restoration of benefits ordered. (Para 12 , 13) |
Judgment :
S.K. Panigrahi, J.
1. In this Writ Petition, the Petitioner challenges the order of the District Audit Officer, seeking its quashing by this Court, as it is alleged to have a detrimental impact on his pension entitlements and retirement benefits.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the caseare asfollows:
(i) The petitioner, a retired Junior Assistant from Jaleswar Municipality in Balasore wherein he initially served as a Work Sarkar from 01.08.1980, to 30.04.1985. He was then appointed as a Junior Assistant on an ad-hoc basis starting 01.05.1985.
(ii) On 27.12.2014/ the petitioner’s appointment was regularized by the Housing and Urban Development (H&UD) Department, and he was assigned the pay scale applicable to Junior Assistants, set at Rs. 5,200 - Rs.
Government cannot retrospectively reduce an employee’s pay or recover excess payments without due process, especially post-retirement.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recovery of excess payments impermissible from retired employees absent fraud or misrepresentation, especially near retirement and over long service; pension re-fixation allowed prospectively without....
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