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Supreme Court of India 2023-04-28 disposed

Smt. Sasikala Devi. P vs The State of Kerala & Anr

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

An assistant in a university system was transferred between universities and subsequently promoted. The state denied her normal promotional pay increase, citing that she already received higher pay protection from her previous post, which would constitute a double benefit. The Supreme Court upheld this position. However, finding the appellant had retired and was not at fault when benefits were initially granted, the Court refused to recover the overpaid amount but allowed the state to recalculate her pension based on her correct entitlements at retirement according to applicable rules.

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Service Law Public Administration Pay Fixation Employee Transfer Promotion Pension Recovery

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