Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY – Appellant
Versus
T.J. JOSE, ANNAMMA MATHEW, HELEN GEORGE, V.K. DEVADAS – Respondent
| Table of Content |
|---|
| 1. challenge to the recovery from retired employees. (Para 1 , 2 , 3) |
| 2. judicial reliance on precedent regarding salary recovery. (Para 4 , 5 , 6) |
| 3. applicability of legal standards established in precedent cases. (Para 8 , 9) |
| 4. dismissing the original petition as per tribunal's ruling. (Para 10) |
JUDGMENT Sushrut Arvind Dharmadhikari, J The present Original Petition filed under Article 227 of the Constitution of India challenges the order dated 20.07.2022 in Original Application No.180/00563/2016 passed by the Central Administrative Tribunal, Ernakulam Bench, whereby the Tribunal disposed of the Original Application filed by the respondents herein challenging the pay fixation as well as the recovery of the amount.
2. The petitioners herein were the respondents in the Original Application, whereas the respondents herein were the applicants in the Original Application.
2.1 The respondents had filed the Original Application seeking a declaration that the recovery from their salary and the withholding of their DCRG and allowances were unjust, illegal, and without jurisdiction, and also prayed for a refund of the amounts recovered along with interest.
3. The brief facts of t
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
