R.M.DOSHIT - (1.) Heard the learned advocates.
(2.) The petitioner, a retired Superintendent of Small Causes Court, Ahmedabad, challenges the order dated 8th June, 1994 made by the learned Chief Judge, Small Causes Court, Ahmedabad with respect to the pay fixation of the petitioner with effect from 1/06/1973.
(3.) The facts undisputed are that the petitioner entered the service on 15/01/1952 as a Junior Clerk. After passing the lower standard departmental examination he was confirmed in service on 1st March, 1955. He was promoted to the post of Shirestedar on 2nd November, 1966. Under the Government Notification dated 2 1/10/1975 the pay-scales of the Government servants were revised with effect from 1/01/1973. While giving effect to the said revised pay-scales and fixing the pay of the petitioner the then learned Chief Judge of the Small Causes Court, Ahmedabad stepped up the date of increment of the petitioner to that of 1st January, 1973 which hitherto was first of November. Such stepping up was made with a view to bringing the petitioner's pay at par with one Shri D.M.Parmar, a Superintendent in the Court of Small Causes promoted as such on 2/01/1967 i.e. junior to the petitioner. The said pay fixation was not approved by the Accountant General. In view of the objection raised by the Accountant General, after some correspondence and some representations made by the petitioner, by orders dated 6/06/1988 and 2 1/11/1989 made by the learned Chief Judge, the petitioner was directed to deposit a sum of Rs.8,862=55 being the amount of excess payment of pay and allowances made to the petitioner for the period from 1/01/1977 to 31/10/1989. Feeling aggrieved, the petitioner preferred Special Civil Application No.394/1993 before this Court. The said petition came to be allowed on 10th November, 1993 (Coram: K.G.Shah, J.). The Hon'ble Judge set aside the above referred orders on the ground the same were made without affording the petitioner an opportunity of being heard. The respondent was further directed "to decide the matter afresh after affording reasonable opportunity to the petitioner of being heard in the matter". Pursuant to the said direction, on 8/06/1994, after affording the petitioner an opportunity of hearing, the earlier order of refixation of pay of the petitioner has been maintained. Feeling aggrieved, the petitioner has preferred the present petition.;