Jawahar Lal Gupta, J. - (1.) THE Petitioners in these two writ petitions are ex -servicemen. After their retirement from the Army they were employed as Armed Guards with the Oriental Bank of Commerce. In pursuance to certain circulars issued by the Government of India, the Bank had issued directions for the re -fixation of their pay. As a result, certain recoveries had also to be made from them. They had consequently approached this Court with the prayer that the circular issued by the Bank by which it was ordered that the pay be re -fixed and the instructions issued vide letter dated April 16, 1992, copies of which were produced as Annexures P -13 and P -12 (in C.W.P. No. 9899 of 1993), be quashed. It was inter -alia alleged that the orders for re -fixation of pay and recovery etc. had been passed without the issue of any notice or the grant of any opportunity to the Petitioners. Thus, the circular and the consequential action in ordering recovery was violative of the principles of natural justice.
(2.) SIMILAR directions had also been issued by the Punjab National Bank. A bunch of 17 petitions was fixed before the Bench along with C.W.P. No. 109 of 1998 (Shanker Lal and Ors. v. Union of India and others). These 17 petitions were disposed of by this Bench vide order dated August 19, 1999. It was held that no opportunity having been granted to the employees, the impugned action was "violative of the principles of natural justice." Thus, all the petitions were allowed.
(3.) THE Punjab National Bank etc. filed petitions for Special Leave to Appeal (Civil) No. 3186 -3201 of 2000 before their Lordships of the Supreme Court. These were dismissed by a Bench of the Supreme Court consisting of Hon'ble Mr. Justice V.N. Khare and Hon'ble Mr. Justice Doraiswamy Raju vide their order dated March 3,2000. A photocopy of the order has been produced by the counsel for the writ -Petitioners. It reads as under: Coram: HON'BLE Mr. JUSTICE V.N. KHARE HON'BLE Mr. JUSTICE DORAISWAMY RAJU For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. with Mr. O.C. Mathur, Adv. Mrs. Meera Mathur, adv. for M/s J.B. Dadachanki & Company, Adv. For Respondent(s) Upon hearing counsel the Court made the following ORDER Mr. Harish N. Salve, learned Sr. counsel for the Petitioner cannot go behind the circular issued by the Central Govt. and, therefore, the opportunity would be futile, since the salary of the employee has been reduced. The fair play demands the opportunity and therefore we do not interfere with the order passed by the High Court. Special Leave Petitions are dismissed. In the light of this, I.A. No. 1 is also dismissed. Sd/ - (S. Krishnan)Court Master3.3.2000.;