A. JANARTHANAN & ORS. Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The order of recovery issued against the writ petitioners in proceedings dated 28.09.2011, is under challenge in this writ petition.

(2.) The learned counsel appearing on behalf of the writ petitioners made a submission that the writ petitioners were initially appointed as Helpers and thereafter, promoted to the post of Fitter Grade II / Electrician Grade II. On account of the promotion, the pay applicable to the cadre was fixed in accordance with the rules in force. However, subsequently, it was found by the respondent that there was an error in respect of the fixation already done and the Audit objection in this regard was also placed. Based on the Audit objection, the impugned order of recovery was issued in proceedings dated 28.09.2011. The learned counsel appearing for the petitioners states that the recovery order was issued without issuing any show cause notice or providing opportunity to the writ petitioners and therefore, the same is in violation of the principles of natural justice.

(3.) No representation on behalf of the respondent.