- (1.) THIS writ petition has been filed, inter alia, for the following reliefs; (I) Issue a writ, order or direction in the nature of certiorari quashing the impugned decision taken by the Sub -Divisional Officer, Sadar, Jansath and Shamli District Muzaffar Nagar dated 26.11.2007, 30.11.2007 and 31.10.2007. (ii)Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to go on paying salary to the petitioners in pay scale of Rs. 8000 -13500 along with all other allowances and emoluments with further direction that amount already deducted from salary of the petitioners may also be paid to the petitioners within some stipulated period as this Hon'ble Court may deem fit and proper.
(2.) THE brief facts of the case as set out in the writ petition are as follows; The petitioners were regular collection Amins and were posted in Tehsil Sadar Jansath and Shamli, District Muzaffarnagar. All the petitioners had completed 24 years services as Collection Amins. According to the decision of State Government, the government servant after completion of 10 years regular service became entitled to get selection grade in pay scale and after completion of 16 years continuous service, they were entitled for promotional pay scale and after the completion of 24 years continuous satisfactory service, they became entitled for second promotional pay scale i.e. pay scale of Rs. 8000 -13500. Claim of the petitioners was considered and second promotional pay scale was given to the petitioners with effect from 18.9.2006 i.e. after completion of 24 years continuous satisfactory service. The Sub -Divisional Officer, Sadar District Muzaffarnagar after examining the record raised an objection against the sanctioning of second promotional pay scale i.e. pay scale of Rs. 8000 -13500 to the petitioners. Thereafter, the Sub -Divisional Officer, Sadar sought report from the Tehsildar, Sadar, District Muzaffar Nagar. The aforementioned authorities also sought legal opinion from the District Government Advocate (Civil), Muzaffar Nagar who opined that the Collection Amins should be given pay scale of Rs. 5500 -9000. Relying upon the opinion given by the District Government Advocate (Civil), Muzaffar Nagar, the authorities prepared a report. The aforesaid report was approved by the Sub -Divisional Officer, Sadar District Muzaffar Nagar by impugned order dated 26.11.2007. Like -wise orders dated 30.11.2007 and 31.10.2007 were passed with respect to collection amin working at Jansath Shamli. By the impugned orders, the pay scale of the petitioners was reduced from 8000 -275 -13500 to 5500 -175 -9000 and further direction was issued to recover the excess amount paid to the petitioners from their salary at the rate of Rs. 3000/ - per month. Aggrieved and dissatisfied with the said orders, the present writ petition has been filed.
(3.) LEARNED counsel for the petitioner submitted that the authorities below have misdirected themselves in considering the claim of the petitioners and they have not considered this aspect of the matter that the petitioners were not given the pay scale of 8000 -275 -13500 as a matter of first promotional pay scale but in fact was given to the petitioners after completion of 24 years of continuous satisfactory service. The impugned decision is thus arbitrary, based on non -application of mind, and the same is liable to be quashed. It was further submitted that before taking such a harsh decision entailing civil consequences, opportunity of hearing should have been afforded to the petitioner. It was further submitted that neither any notice or opportunity of hearing was provided to the petitioners before passing the impugned orders therefore impugned decision taken by the authorities is per se illegal and in utter violation of principles of natural justice, as such, the impugned decision is liable to be quashed outrightly. It was further submitted that the impugned decision taken by the Sub -Divisional Officer, Sadar, Jansath and Shamli was contrary to the decision taken by the State Government according to which the petitioners were entitled to get second promotional pay scale of Rs. 8000 -275 -13500 after completion of 24 years of continuous service. In the last, learned counsel for the petitioner has placed reliance on the decision of the Division Bench of this Court in the case of State of UP through Principal Secretary Deptt. of Revenue, UP Vs. Kanhaiya Lal and (10) others passed in Special Appeal No. 83 of 2001 on 29.8.2014 wherein Division Bench of this Court while upholding the orders passed by the Single Judge of this court had directed for granting promotional pay scale for want of promotional post to the Collection Amins who fulfilled the eligibility criteria. Learned counsel for the petitioner has stated that the present matter is squarely covered by the judgment dated 29.8.2014 passed by this Court in the case of State of UP through Principal Secretary Deptt. of Revenue, UP . Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.;