- (1.) HEARD learned counsel for the petitioners and learned counsel appearing for the respondents. By means of these aforementioned writ petitions, the order dated 16.03.2005 has been challenged, by which the pay -scale of the petitioners has been reduced and they have been put in lower scale of pay.
(2.) THE brief facts of the case are that petitioners were appointed on the post of Assistant Accountant in the then pay scale of Rs.100 -180. Along with the petitioners, certain persons were appointed on the post of Typist in the same pay -scale of Rs.100 -180 and they were also equally placed with the petitioners. The pay -scale of the Typist was revised to the pay -scale of Rs.120 -220, which was subsequently revised to Rs.150 -260. The Assistant Accountants raised an industrial dispute by means of Case Nos.37 of 1997 and 01 of 1987 and by means of an award dated 09.05.1978, the pay -scale of the Assistant Accountants was equated w.e.f. 01.04.1971 and the same was accepted. The said award was challenged before Hon'ble the Apex Court, but the appeal was dismissed on 18.01.1984. Another award dated 12.12.1988 was challenged, against which, the appeal was also dismissed by Hon'ble the Supreme Court of India on 24.10.1989. Although the petitioners were designated as Accountants but their pay -scales remained the same as admissible to the Assistant Accountants and the alleged promotions, so given, became infructuous. The petitioners are subsequently placed in the higher pay -scale on completion of 10 years and 16 of service. The petitioners were given first promotional pay -scale of Rs.5000 -8000 w.e.f. 01.03.1995 and the second promotional pay -scale of Rs.8000 -13500 was sanctioned w.e.f. 01.03.2000. A person can be said to have been promoted when there is enhancement in the pay -scale but in the present case, there was no enhancement in the pay -scale. On 09.04.2001, the Managing Director of the Bank issued an executive order to the effect that the employees, who have rendered 24 years of service, shall be given super time scale and the authorities issued order on 15.05.2001, by which the petitioners were given the time scale of Rs.8000 -275 -13500 w.e.f. 01.03.2000. Subsequently the Managing Director issued order dated 23.01.2002 and cancelled the order dated 15.05.2001 and constituted the Committee. The order dated 23.01.2002 was passed without affording any opportunity of hearing to the petitioners. During this period, the Typists also continued on the pay -scale of Rs.8000 -13500. By order dated 16.03.2005, the pay -scale of the petitioners was reduced and the orders dated 15.05.2001 to 15.01.2002 as well as order dated 29.01.2002 were cancelled. The reduction of pay of the petitioners has caused financial loss to them, which is arbitrary and violative of provisions of the Constitution. Therefore the said order, by which the reduction in the pay -scale has been done, is liable to be set aside.
(3.) IN the counter affidavit, the respondents have taken plea that the order was passed in pursuance of the directions contained in the Government Order dated 03.09.2001, therefore, there is no illegality. It has also been mentioned in the counter affidavit that because the petitioners were given one promotion, therefore, they were not entitled for two time scales. All the petitioners were given promotion to the post of Branch Accountant/ Senior Clerk during the period from 1976 to 1986. Therefore, in view of the provisions contained in sub -para -2 (Ka) of the Government Order dated 03.09.2001, no other benefits were admissible to such employees. Learned counsel for the petitioners has submitted that as the Government Order dated 03.09.2001 is not retrospective, therefore, it has to be interpreted as prospective. It has also been submitted that petitioners were given scale because they had completed 24 years of service. It has also been submitted that while reducing the pay -scale, no opportunity was afforded to the petitioners. It has also been submitted that grant of scale to the petitioners was not by way of mistake but it was in compliance of the Government Orders.;