Back
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 :
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.
2. The brief facts of the caseare asfollows:
(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. 20,200 with a Grade Pay of Rs. 1,900.
(iv) The petitioner contends that, since his regularization was effective from 27.12.2014, he is entitled to benefits under the 2017 ORSP (Odisha Revised Scale of Pay) Rule from January 1, 2016, onward.
(vi) The petitioner’s pay scale was previously fixed
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 salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery of excess amount from retiral benefits, especially from retired employees or employees belonging to Class-III and Class-IV service, may be impermissible in law, considering the hardship caus....
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
