DHARMENDRASINH GOVINDJI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been working as a Lino Bar Attendant at Government Printing Press, Rajkot since 15.6.1981. By an order dated 29.8.1992, he came to be granted first higher grade pay scale of Rs.1350-2200 of the post of Lino Operator with effect from 15.6.1990. 1.1 On 7.1.2009, the respondent-authorities passed an order holding that the first higher grade pay scale of the post of Lino Operator was mistakenly granted to the petitioner from 15.6.1990. The petitioner was, therefore, overpaid. The petitioner was, in fact, entitled to the higher grade pay-scale in the cadre of Lino Reservist. An amount of Rs. 5,47,000/- was also sought to be recovered. Aggrieved by the said order dated 7.1.2009, the petitioner approached this Court with Special Civil Application No.171/2009 and this Court, by an order dated 12.2.2009, set aside the said order dated 7.1.2009 on the ground that the order was passed without affording an opportunity of being heard to the petitioner.

(2.) The petitioner was then heard by the respondent-authorities and the respondent-authorities, after giving audience to the petitioner, passed an order on 1.7.2009 on the same lines as the order dated 7.1.2009, virtually confirming the said order. The petitioner has, therefore, again approached this Court with this petition, making the following prayers:-

(3.) The petitioner is represented by learned advocate Mr.Supehia and the petition is opposed by the respondents represented by learned A.G.P. Mr.Pathak.