MADHUBEN BIPINBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the appeals arise against the common order dated 22.04.2009 passed by the learned single Judge of this Court in the concerned Special Civil Application, whereby the learned single Judge has quashed the recovery for the salary already paid, but has confirmed reduction of pay of the respective original petitioners.

(2.) Heard Mr.Kirtidev Dave, learned counsel for the appellants in all the matters, Mr.Mankad for the respondent - municipality and Mr.Shah, learned AGP for the State authorities for final disposal.

(3.) The grievance on the part of the appellants herein is that the appellants have no objection for the order passed by the learned single Judge for quashing and setting-aside the recovery, but the appeals are preferred for the limited purpose of challenging the order passed by the learned single Judge for confirming the reduction of pay-scale of the respective petitioners. It was submitted that at the initial stage, in the main special civil application, since the notice was issued vide order dated 08.04.2009 qua the recovery only, the original petitioners were precluded from challenging the order of reduction of the pay scale. Mr.Dave, learned counsel for the appellants also submitted that since the notice was issued only for the recovery, he had no occasion to argue on merits for supporting the prayer for challenge against the reduction of pay-scale. Thereafter, since the final order has been passed in the main special civil application, the initial order for issuing notice for recovery only and not for the reduction of pay scale, shall stand merged into final order and, therefore, it was submitted that the present appeals were preferred by the appellants herein. It was also submitted that initially the appeals were dismissed by this Court vide order dated 27.07.2009 against which the appellants had preferred SLP before the Apex Court and the said SLP came to be withdrawn with a liberty to approach the High Court for review of the order under challenge. It has been submitted that thereafter the review applications were preferred before this Court in the present proceedings of the LPA and vide order dated 08.12.2010, the review is allowed and the earlier order is recalled and the LPAs are restored to file, hence, now the LPAs be heard on merits.