AWADH BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is not necessary to state the detailed facts and various legal submissions raised by the appellants before the High court as we are inclined to allow this appeal on the short ground that before passing the impugned order dated 8/02/1991 to the detriment of the appellants they were not afforded an opportunity of being heard by the respondents.

(2.) The appellants are working as Agricultural Inspectors (sic or) equivalent posts in the service of the State of Bihar. By an order dated 28/01/1988 the posts held by the appellants were upgraded and were brought under the Bihar Agricultural Service Class-11. It is not disputed that with effect from 28/01/1988 the appellants were treated as class-11 Officers and were also paid the higher salary of Class-11 service.

(3.) On 8/02/1991 the State of Bihar issued the impugned notification downgrading the posts held by the appellants and as a consequence reducing the emoluments which they were drawing as Class- 11 Officers. It is not disputed that before issuing the said notification no opportunity was afforded to the appellants. The notification dated8/02/1991 is on the face of it to the detriment of the appellants, inasmuch as the posts held by them were downgraded and their emoluments were reduced.