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ORISSA HIGH COURT
K.PRABHAKAR PRUSTY – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard Mr. P.K. Mishra, learned counsel for the petitioner and Mr. S.P. Das, learned Addl. Standing Counsel for the State.
2. Petitioner has filed the present Writ Petition inter alia with the following prayer:-
“It is prayed, therefore that this Hon’ble Court may graciously be pleased to;
(i) Admit and allow the writ petition
(ii) And be pleased to quash the impugned letters vide No. 8631/T dated 02.11.2020, vide No.4466 dated 17.05.2021, order No.8820 dated 19.08.2021 and letter No. 500 dated 30.09.2021 under Annexure-5, 8, 9 and 10 respectively;
(iii) And be pleased to direct the Opp. Parties to allow the petitioner to get Grade Pay of Rs.6600/- towards 3" RACP as was granted vide order No.5452/TC dated 11.04.2016 under Annexure-3;
iv) And further be pleased to direct the Opp. Parties to sanction and disburse all retirement dues such as pension, Gratuity. and Commuted Value of pension as per the pension papers submitted earlier under Annexure-6 within a stipulated period of time.
v) And further be pleased to direct the Opp. Parties to pay interest’ @ 18% per annum on arrear pension, Gratuity and Commuted value of pension in terms of Annexure-12
Decisions affecting public servants' benefits must adhere to principles of natural justice to prevent arbitrary actions and ensure fairness.
The withdrawal of pension benefits without notice violates the principles of natural justice, particularly the right to be heard in administrative actions that have civil consequences.
The court emphasized that recovery is impermissible due to the mistaken action taken by the authority, particularly when the executive instructions cannot have any retrospective effect.
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
Recovery of excess payments from employees is impermissible when based on incorrect administrative entries, particularly concerning increments due to extraordinary leave.
Recovery of excess payments from retired employees is impermissible unless circumstances warranting such recovery exist, as reinforced by Supreme Court precedents.
The unilateral withdrawal of financial benefits without due process violates principles of natural justice, necessitating communication of adverse ACR entries to the employee.
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