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HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
REGIONAL CANCER CENTRE (RCC) – Appellant
Versus
GANGA DEVI.C – Respondent
| Table of Content |
|---|
| 1. final court rulings on the recovery actions and the employees' rights. (Para 1 , 14) |
| 2. allegations of erroneous pay fixation and subsequent recovery challenges. (Para 2 , 3) |
| 3. court's observations on the implications of recovery actions post-retirement. (Para 5 , 12 , 13) |
| 4. arguments presented by both parties regarding legality and adherence to procedures. (Para 8 , 9 , 10) |
| 5. ratio decidendi pertaining to employee rights during and after service. (Para 11 , 15) |
JUDGMENT
Mohammed Nias.C.P. J.
These writ appeals are filed challenging the judgments of the learned single Judge that declared that the recovery effected by the appellant-Regional Cancer Centre (for short 'RCC') from its employees alleging erroneous payment in the fixation of pay was illegal. Writ Appeal Nos.869/2022, 670/2022, 676/2022, 680/2022, 761/2022, 790/2022762/2022 and 791/2022 were filed by RCC challenging the judgment which declared that recovery from the retirement benefits granted to the writ petitioners was illegal, with a further direction to release the amounts recovered from their gratuity and leave surrender.
2. The facts, leading to the above cases are as follows:-
The writ petitioners in al
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