Pradeep Kant, Narayan Shukla, JJ. - (1.) THIS special appeal has been filed by the State challenging the order passed by the learned Single Judge dated 21.3.2005, by means of which the writ petition preferred by the private respondents praying for quashing the Office Order No. 460 dated 12.6.1998 and also for issuing a direction to pay the revised Pay Scale of Rs. 1200 -1800 from 31.7.1996 as was given to others holding the post of Machine Assistant Offset including arrears, has been allowed. A further prayer was made that the opposite parties be directed not to reduce the rank of the respondents (petitioners in the writ petition) and treat them as Machine Assistant Offset as they were up to the date of passing of the order dated 12.6.1998.
(2.) THE learned Single Judge has allowed the writ petition after holding that the rules cannot be substituted by means of an executive order and further the change of designation in case of the petitioners (present respondents) amounts to reversion and admittedly no opportunity was afforded to the respondents (present petitioners) prior to passing of the order dated 12.6.1998. The learned Single Judge has quashed both the orders, namely, the orders dated 12.6.1998 and 31.7.1996 insofar it relates to the present respondents with a further direction that the petitioners, who were appointed as Machine Assistant Offset, shall continue as such and are entitled to the pay scale of Rs. 1200 -1800.
(3.) IN short the facts, which have given rise to the present controversy are that the respondents were appointed as Machine Assistant Offset in the pay scale of Rs. 950 -1400 in pursuance of their names being forwarded in the Employment Exchange, in pursuance of the advertisement issued by the State. The requisite qualification for the said post was High School and the certificate in the trade of Machineman Offset under Apprentice Act, 1961 or two years experience on the offset printing machine from any reputed firm/institution.;