JAGDISH PRASAD SINGH versus STATE OF BIHAR AND OTHERS

JAGDISH PRASAD SINGH versus STATE OF BIHAR AND OTHERS

Paragraph 11 of the Government Resolution dated 08.02.1999 protects time bound promotions granted prior to 31.12.1995; the appellant was validly promoted on 10.03.1991 and entitled to the Rs.6500-10500 scale. The State could not lawfully reduce his pay scale or recover excess payments after his superannuation and after a long delay without following principles of natural justice; recovery in these circumstances would be iniquitous and is barred by precedent, therefore the orders directing reduction and recovery are quashed.

Parties
Appellant: Jagdish Prasad Singh; Respondent: State of Bihar and Others; Respondent: Others
Jurisdiction
India
Judgment Date
08 August 2024
Procedural Posture
Appeal by Special Leave (civil Appeal) / Hearing and Final Judgment by Supreme Court on Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Promotion, Pay Scale Fixation, Recovery of Excess Payment, Pension, Principles of Natural Justice, Superannuation, Departmental Inquiry, Interpretation of Government Resolution
Service Law Administrative Law Constitutional Law Promotion Pay Scale Fixation Recovery of Excess Payment Pension Principles of Natural Justice +3 more

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Parties

Jagdish Prasad Singh

Appellant

State of Bihar and Others

Respondent

Others

Respondent

Procedural Posture

Appeal by Special Leave (civil Appeal) / Hearing and Final Judgment by Supreme Court on Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether Government Resolution dated 08.02.1999 (para 11) permitted reduction of pay and deeming termination of time bound promotion granted prior to 31.12.1995
  2. 2 Whether the State could recover excess amounts paid and reduce pensionary benefits after the appellant's superannuation and after a long delay
  3. 3 Whether the reduction and recovery without prior show cause or departmental action violated principles of natural justice

Ratio Decidendi

Paragraph 11 of the Government Resolution dated 08.02.1999 protects time bound promotions granted prior to 31.12.1995; the appellant was validly promoted on 10.03.1991 and entitled to the Rs.6500-10500 scale. The State could not lawfully reduce his pay scale or recover excess payments after his superannuation and after a long delay without following principles of natural justice; recovery in these circumstances would be iniquitous and is barred by precedent, therefore the orders directing reduction and recovery are quashed.

Court Disposition

Appeal allowed

Orders

  • Order dated 8th October, 2009 directing reduction of pay scale and recovery quashed and set aside
  • Order dated 27th August, 2012 of the Division Bench of the High Court quashed