‘Even God heard Adam and Eve’: Orissa High Court quashes pay recovery ordered without hearing retired employee

The Madhya Pradesh High Court was hearing the plea of a retired statistical investigator who challenged the Orissa Administrative Tribunal’s 2018 order.

Orissa High Court news: Observing that even God did not punish Adam and Eve for eating the forbidden fruit without first allowing them an opportunity to be heard, the Orissa High Court recently quashed a government order that sought to recover “excess” payments from a retired employee without giving him a chance to explain his side.

Justices Krishna Shripad Dixit and Chittaranjan Dash were hearing the plea of one Lakshman Kumar Padhi, a retired statistical investigator and found that the screening committee concerned took the action in violation of the principles of natural justice.

“Even God is said to have given an opportunity of hearing to Adam & Eve before punishing them for eating the proscribed apple in the Garden of Eden.

If that be so, we fail to understand why no opportunity was given to the petitioner before directing the recovery pursuant to the impugned order of the screening committee,” the Orissa High Court said in its March 12 order.

Padhi was challenging the order of the Orissa Administrative Tribunal, which upheld the decision of a screening committee to reduce his third Revised Assured Career Progression (RACP) grade pay.

The RACP policy is designed by the state government to act as a “financial safety net” for employees facing career stagnation, as promotions in government departments can be uncertain.

‘Recovery of money post-retirement’
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Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system.

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