S M RAMI Vs. STATE

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP wavies service of rule in SCAs No.6697 and 6699 of 2005 and Ms.Reeta Chandarana, learned AGP waives service of rule in SCA No.6722 of 2005 and Mr.Barot with Mr.Munshaw, learned Counsel for Respondent No.2 ? District Panchayat waive service of rule. With the consent of the parties, the matters are taken up for final hearing today. As the issues involved in all the petitions are common they are considered by this common judgement.

(2.) The short facts of the case are that as per the order dated 10.1.1995, the pay fixation for the post of Sanitary Inspector/Vaccination Supervisor was fixed by the District Health Officer and accordingly, as against the pay-scale of Rs.1200-2040, the pay fixed was of Rs.1400-2600. It is the case of the petitioners that on the basis of the said fixation of the pay-scale when the pay came to be revised the equivalent pay-scale was also fixed of Rs.5,000-150-8000 and the said refixation in the revised scale came to be audited and the petitioners were paid the said scale and it is an admitted position that all the petitioners have by now retired from service.

(3.) By impugned order dated 12.9.2003, the petitioners were intimated that the higher pay-scale fixed was not proper and the local audit department has raised objection and, therefore, the amount of Rs.20,594/- from the petitioner of Special Civil Application No.6697 of 2005, the amount of Rs.18,030/- from the petitioner of Special Civil Application No.6722 of 2005 and the amount of Rs.18,030/- from the petitioners of Special Civil Application No.6699 of 2005 were ordered to be recovered. It appears that the petitioners made representations against the said order and as per the communication dated 27.5.2004 (Annexure ?F?) it has been stated that the petitioners were entitled to the pay-scale of Rs.1400-2300 and consequently the equivalent pay in the revised pay-scale is Rs.4500-125-7000 and not Rs.5000-150-8000 and, therefore, w.e.f. 1.1.1996 the higher pay-scale of the petitioners is fixed at Rs.4,500-125-7000 and the recovery is also sought to be effected of the difference. It is under these circumstances, the petitioners have approached this Court by preferring these petitions.