SHANKERLAL NAGARDAS PATEL Vs. TALUKA DEVELOPMENT OFFICER

JUDGEMENT

(1.) . Heard learned Counsels for the parties. The petitioner, a primary school teacher in village Dalod, Taluka Viramgam, Dist. Ahmedabad, by filing this Special Civil Application before this Court, challenged therein the legality of the order dated 19th July 1984, Annexure 'A', of Taluka Development Officer, under which his pay was reduced from Rs. 560.00 to Rs. 540.00 from 1-1-1984.

(2.) . The petitioner was given selection grade from 1-1-1974 and he continued to enjoy this selection grade till the order dated 19th July 1984 has been made. The petitioner's pay has been reduced from 1-1-1984 on the ground that he was reverted from 1-1-1975 and as such he was not entitled to get selection grade from 1-1- 1974 and his entitlement in the said scale will be from 1-1-1984.

(3.) . The learned Counsel for the petitioner made two-fold contentions in this Special Civil Application. Firstly, he has contended that the order dated 19th July 1984 has been made by the respondent without giving any notice or opportunity of hearing to the petitioner. This order has caused serious civil consequences as the pay of the petitioner has been reduced and as such, it is an order which has caused prejudice to the petitioner, and the same should have been passed after following principles of natural justice. The Counsel for the petitioner contended that even if it is an administrative order but if it results in civil consequences, i.e., reduction of pay, then principle of natural justice has to be followed by respondent before making such prejudiced order against the petitioner. It has next been contended that the recovery could not have been ordered nor it could have been effected. It is not a case where the petitioner, by making some concealment of fact or playing some fraud, has got the order of selection grade from 1-1-1974. Whatever has been paid to the petitioner for all these years has been paid in pursuance of the order passed by respondents. On the other hand, the learned Counsel for the respondents has supported the order. I have given my thoughful consideration to the submissions made by learned Counsels for the parties.