Amarjeet Chaudhary, J. - (1.) The petitioners who are working as Head Clerks in the Haryana State Electricity Board (for short the Board) have filed this joint petition, praying for issuance of a writ quashing memo No. Ch. 174/11(256) R/78-79 Vol. I dated 24.4.1989 (Annexure P-3) by which payment of special pay/allowance for cash handling being made to them has been stopped.
(2.) The case of the petitioners is that by an order dated 6.8.1974, the Board had sanctioned the grant of Rs. 50/- per month as special pay to all the Head Clerks working in the Board for performing the additional duty of handling cash. The special pay of Rs. 50/- was enhanced to Rs. 100/- by the Board, with effect from 1.1.1986 being paid to the Divisional Head Clerks. But the Board vide its decision dated 24.4.1989 (Annexure P.3) has decided to allow special pay/allowance to only those categories of employees whose substantive duties are of cash handling. For rest of categories of employees being given the above benefit, the reason given by the Board is that they are handling cash as an incidental function to their jobs. According to the petitioners, they have been deprived of the special pay/allowance which had been paid to them for the last 15 years and by virtue of long usage, it had become a part of condition of their service.
(3.) It was contended by the counsel for the petitioners that the impugned order dated 24.4.1989 (Annexure P-3) has been passed without affording any opportunity of being heard to the petitioners. The respondents in their statement controverted the pleas taken in the petitioner and endeavoured to justify the order under challenge.;