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2024 Supreme(Online)(Ker) 72967

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAMKUMAR R – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

Easwaran S., J.

A classic example where the Central Administrative Tribunal has taken up the administrative function of refixing the salary of an employee, though its function was judicial determination. The thrust of the argument in this present original petition is on the ground that the Tribunal had definitely exceeded in its power conferred on it under the Administrative Tribunals Act , 1985 while rendering its Order.

2. The applicant approached the Tribunal aggrieved by re- fixation of his pay contrary to judicial parlance and also ordering consequential recovery and ended up in getting his pay re-fixed by the Central Administrative Tribunal in a proportion altogether alien to what even his employer had ordered. Such was the extent of excessive exercise of power by the Central Administrative Tribunal. We are not amused as to why the applicant has come with full vigor before this Court in an Original Petition under Article 227 of the Constitution of India. With an atypical order, we are called upon to decide as to whether the order of the Tribunal re-fixing the entire pay structure of the applicant contrary to what his employer had ordered could be sustained

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