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SCA/646/2001 1/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 646 of 2001
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
PRAFULKUMAR
SHANTIBHAI JOSHI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MURALI N DEVNANI for
Petitioner(s) : 1,
MS MINI NAIR AGP for Respondent(s) : 1 -
2.
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 27/12/2010
ORAL
JUDGMENT
1. The
short facts of the case appear to be that the petitioner, who was
initially working as Temporary Telephone Clerk was allotted to the
Government Guest House at Junagadh vide order dated 21.12.1987. It
appears that thereafter on account of the continuous service of the
requisite period he was placed in the higher pay-scale vide order
dated 23.07.1997. Grievance on the part of the petitioner is that
thereafter without affording an opportunity of hearing, vide impugned
order dated 03.01.2000, the petitioner who was in the pay-scale of
Rs.4500-7000 is placed in the pay-scale of Rs.4000-6000. Consequently
his pay-scale has been refixed and under these circumstances, the
present petition.
2. Heard
Mr.Devnani, learned counsel appearing for the petitioner and Ms.Mini
Nair, learned A.G.P. for the respondents.
3. It
is undisputed position that before passing the impugned order, the
opportunity of hearing has not been given, therefore, the order
cannot be sustained on the ground of principles of natural justice.
It further appears that as per the impugned order, the petitioner was
in the pay-scale of Rs.4500-7000 and he is being placed in the
pay-scale of Rs.4000-6000. Even if the contention of the respondents
is that it was by way of correction of the mistake or otherwise, the
opportunity could have been given to the petitioner on the said
aspects. Learned counsel for the petitioner has drawn my attention to
the decision of this Court dated 19.12.2001 in Special Civil
Application No.13244 of 2000 for which the reference has been made in
paragraph 6 of the petition wherein also, since without giving an
opportunity of hearing the order was passed, the Court has directed
the authority to give the opportunity of hearing and then to pass the
order.
4. No
further discussion is required because the order is passed without
giving any opportunity of hearing to the petitioner. Further, on the
aspects whether the authority could pass the order after giving
opportunity of hearing on merits or not,
no view is required to be expressed at this stage since
the hearing is yet 0to be given and the authority is yet to consider
the matter on merits. Hence, the following order.
5. The
impugned order passed by the respondents dated 03.01.2000 is quashed
and set aside on the ground of breach of principles of natural
justice. However, it is further directed that it would be open to the
respondents to give an opportunity of hearing to the petitioner and
then to pass order as to whether the petitioner should
have been put in the pay-scale of Rs.4000-6000 or he be
continued in the pay-scale of Rs.4500-7000. The aforesaid exercise
shall be completed within a period of four months from the receipt of
the order of this Court. Until the another order is passed, status
quo qua the pay-scale of the petitioner as on today shall be
maintained. The petition is allowed to the aforesaid extent. Rule is
made absolute. No order as to costs. Direct service is permitted.
(JAYANT
PATEL, J.)
Hitesh
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