R.S. Mongia, J. - (1.) It is not necessary to state the facts in any detail because of the view I am taking in the matter.
(2.) Vide notification, dated 29th February, 1980, the pay of the petitioners was fixed in the revised pay-scale of Rs. 420-10-490/525-15-600-ED-30-700. According to the averments made in the petition, all the petitioners took the benefit of the jump in the pay scale, i.e. 490/525 given in the above-referred to pay scale and started drawing their salary on the basic pay of Rs. 540/- or Rs. 555/- with effect from 1st April, 1979. Even they were paid their arrears with effect from 1st April, 1979 to 31st December, 1979. However, vide Haryana Civil Services (Revised Scale of Pay) Fourth Amendment Rules, 1980 the pay scale of the petitioners was changed to Rs. 480-15-600-EB-20-700-30-760, with effect from 1st April, 1979. The result of this amendment was that there was no jump from Rs. 490/- to 525/-, resulting in the reduction of the pay of the petitioners and consequent recoveries. According to the petitioners', the amendment resulted in loss of pay ranging, from Rs. 15 to Rs. 30/-per month qua the petitioners.
(3.) This is not disputed by the respondents that before refixing the pay of the petitioners and ordering recovery, any show cause notice was issued to them. That being so, the right which came to accrue to the petitioners by virtue of the earlier Notification, could not be taken away without affording them an opportunity of being heard. The petitioners' counsel argued that his main stress is that the latter notification cannot be made applicable retrospectively, vis-a-vis the petitioners.;