- (1.) The present petition has been preferred mainly on the reasons that pay scale of the present petitioner, who is working as Assistant Agricultural Engineer, has been reduced from Rs. 6500- 10500/- to Rs. 5,000-8000/- viz. in the pay scale of Junior Engineer with effect from 1.1.1996. The impugned order at Annexure-7 is dated 16th September 2006.
(2.) It has been submitted by the Counsel for the petitioner that without giving any opportunity of being heard to the petitioner, unilaterally and arbitrarily, the impugned orders at Annexure-7 and 8 to the memo of petition have been passed by the respondents, which is in violation of Article 14 of the Constitution of India, and therefore, the same deserve to be quashed and set aside. In fact, the pay scale given to the petitioner for the post of Assistant Engineer was absolutely true and correct and in consonance with the law and unnecessarily what has already been given to the petitioner has been taken away in the year 2006 with retrospective effect and vide Annexure-8, recovery order has also been passed with effect from the year 2004.
(3.) I have heard Learned Counsel appearing for the respondents, who has submitted that the petitioner was wrongly given the higher pay scale as he is a Diploma in Engineering and therefore, he is entitled to the pay scale of the junior Engineer and wrongly the pay scale of Assistant Engineer was given to the petitioner and therefore, the order at Annexure-7 has been passed as the petitioner is entitled to get the pay scale of Rs. 5000-8000/- with effect from 1.1.1996 and consequently an order at Annexure-8 has also been passed for recovery of the excess amount paid to the petitioner.;