E.Sunil v. K.S.R.T.C
Case brief
What is this about?
The High Court of Kerala quashed orders modifying an employee's pay and initiating recovery proceedings. The court held that issuing these orders without notice and opportunity of hearing violated natural justice and referenced precedent regarding non-recovery of erroneous payments.
What did the court decide?
Ext.P6 order and Ext.P7 notice were set aside; no recovery of excess pay was directed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 36006 OF 2016
PETITIONER:
K.SUNIL,S/O.KRISHNAN, AGED 45 YEARS, STORE ISSUER, OFFICE OF MECHANICAL ENGINEER, REGIONAL WORKSHOP, KERALA STATE ROAD TRANSPORT CORPORATION, EDAPPAL AND RESIDING AT KALPODI HOUSE, POOKKOTTUR P.O., MALAPPURAM - 676 517.
BY ADVS.
SRI.N.UNNIKRISHNAN SRI.PAULACHAN IYPE
RESPONDENTS:
- 1 KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 025, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.
Issues for consideration
2 issues framed by the court
Whether the issuance of orders modifying the petitioner's pay and initiating recovery proceedings without notice violates principles of natural justice.
Whether the recovery of excess pay from an employee who was not involved in pay fixation is contrary to apex court dicta.
Parties & counsel
- petitioner
KSUNIL
- respondent
KERALA STATE ROAD TRANSPORT CORPORATION
Coram
Viju Abraham
Case details
As recorded by the court registry
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