SOLANKI MOHANBHAI JIVABHAI Vs. VAIDHYA KPANCHKARMA CLASS

JUDGEMENT

(1.) RULE. Ms. Krina Calla, learned AGP waives service of notice of rule on behalf of the respondents.

(2.) WITH the consent of parties this matter is taken up for Final Hearing today.

(3.) BY way of present petition under Article 226 of the Constitution of India the petitioner has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 8th May 2009 (Annexure "c" to this petition) cancelling the revised pay fixation of the petitioner in the pay scale of 1350 2200 w. e. f. 01. 01. 1986 and consequential action of the respondents in trying to recover the differential amount. It is not in dispute that the impugned order has been passed without giving any opportunity of being heard to the petitioner. Under the circumstances, it appears that the impugned order/communication is in breach of the principles of natural justice and therefore, without further entering into the merits of the case, the impugned order deserves to be quashed and set aside only on the aforesaid ground and the matter is to be remanded back to the authority, who has passed the impugned order.