ROOPA K V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are working as Stenographers in permanent Lok-Adalath established under the aegis of Karnataka State Legal Services Authority. There are six permanent Lok-Adalaths in the State. The grievance of the petitioners is that by virtue of the Government Order dated 22.12.2015 followed by an amendment to the Karnataka State Legal Services Authority, 1996 (hereinafter referred to as 'Rules 1996' ), the pay scale of petitioners has been reduced from Rs. 16,000-29,600/- to Rs. 14,550 26,700/-. The petitioners are therefore before this Court challenging the Government Order dated 22.12.2015 and the amended Rules, which was published on 05.03.2016 in the Official Gazette.

(2.) Learned Counsel Sri Vighneshwar S. Shastri appearing for the petitioners submits that primarily the amendments to the Rules were brought about without calling for objections and the amendment is in violation of principles of natural justice. In that regard, learned Counsel replied upon the judgments of Hon'ble Apex Court in Bhagwan Shukla v. Union of India & Others, 1994 6 SCC 154 and Divisional Superintendent, Eastern Railway, Dinapur & Others v. L.N. Keshri & Others, 1975 3 SCC 1.

(3.) The learned counsel submits that in those decisions Hon'ble Apex Court has held that the employee has obviously been visited with civil consequences but he had been granted no opportunity to show cause against the reduction of his basic pay. He was not found to be on notice before his pay was reduced by the department and the order came to be made behind his back without following any procedure known to law.