VidhiSangh

Supreme Court of India · 28/04/2023

SMT. SASIKALA DEVI. P versus THE STATE OF KERALA AND ANR.

[2023] 3 S.C.R. 857 · 2023 INSC 447

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Summary

Employees transferred between universities at their request, with higher pay protected but seniority reset in the entry grade, were not entitled to a further increment when promoted again to a grade already covered by their protected pay. The Court upheld correction of their pay but prohibited recovery of amounts already paid to the retired employees, who were not at fault. Pension could be refixed lawfully.

Issues

  1. Whether promotion after an inter-university transfer entitled employees already receiving protected higher pay to an additional promotional benefit.
  2. Whether excess payments could be recovered after retirement.

Provisions considered

Held

Result

Appeals disposed of: the Division Bench’s pay-fixation conclusion was upheld, recovery prohibited, and lawful pension refixation permitted.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 857.