NATHUBHAI SALUBHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India seeking quashing and setting aside the impugned order dated 18.05.2015, whereby the respondent authority has ordered cancellation of higher pay-scale granted to the petitioner. Pursuant to the aforesaid order, a recovery of an amount of Rs.4,07,606/- is also ordered vide orders dated 03.06.2015 and 29.06.2015.

(2.) The brief facts of the case are as under:-

(3.) Learned advocate Mr.Vaibhav Vyas appearing for the petitioner has submitted that the impugned order is required to be quashed and set aside since the same is passed after a period of 8 years; after the retirement of the petitioner and without affording any opportunity of hearing. He has submitted that the impugned order is passed on the premise that the petitioner did not pass the departmental examination in the year 1987, however, the petitioner was not required to clear the departmental examination. It is also submitted by him that as per the policy of the State Government, the persons, who have attained the age of 45 years, are exempted from appearing in the departmental examination and when the petitioner was sanctioned the first higher pay-scale in the year 1995, the petitioner had already attained the age of 46 years. Reliance is placed by him on the circulars dated 01.01.1999 and 14.11.2002.