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april 2000

Supreme Court of India · 2000-04-07

U.O.I. vs S. VEDACHALAM

Citation / case number
SC 1998/18473
Court
Supreme Court of India
Petitioner
U.O.I.
Respondent
S. VEDACHALAM
Bench
V.N. KHARE & DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the transfer of employees from one office to another, involving a technical resignation and reversion to a lower post, must adhere to the principles of fair play and cannot result in unjust financial recovery. The Court cited the decision in Comptroller & Auditor General of India & Ors. v. Farid Sattar and Chandan Saha v. Union of India, establishing that the recovery of excess pay must be reasonable and can be done in installments. The appeals were allowed, setting aside the orders of the Central Administrative Tribunal, with directions for recovery of excess pay in manageable installments.

U.O.I. vs S. VEDACHALAM · Niyam