B K CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. Heard learned advocate Mr.M.B.Gandhi on behalf of the petitioners and the learned Government Pleader Mr.A.D.Oza, appearing on behalf of the respondent Nos.1 & 2 - State Authority and learned advocate Mr.J.B.Pardiwala for respondent No.3.

(2.) The bailiffs working in the Small Causes Court, Ahmedabad as well as in District Court, Ahmedabad have filed the present group of petitions challenging the action of the respondents against withdrawal of the higher grade which has been granted in their favour on the basis of the Government Resolution dated 16th August, 1994.

(3.) The grievance of the petitioners is that they are working in the post of Bailiff and initially, Pay Revision Rules of 1987, the scale of Rs.950-1400.00 has been given to the post of Bailiff with effect from 1.1.1986 and first higher grade has been fixed in the scale of Rs.1200 - 1800. Thereafter, in Pay Revision Rules of 1998 having effect from 1.1.1996, the scale has been given to the post of Bailiff Rs.3050 - 4590 and the first higher grade has been fixed in the scale of Rs.4000 6000/- with effect from 1.1.1996. But the respondents have initially granted higher grade in the scale of Rs.4000-6000.00 but subsequently, the said higher grade has been withdrawn by the respondents and the higher grade has been given in the scale of Rs.3050 4590. The said benefit has been withdrawn in respect of the Bailiff working in the District Court, Ahmedabad with effect from 1.5.2000 and not withdrawn in respect of Bailiffs working in Small Causes Court, Ahmedabad. According to the petitioners, they are entitled to higher grade in the scale of Rs.4000-6000 and withdrawal is illegal and contrary to the principles of natural justice because before withdrawal of the higher grade, as such, no reasonable opportunity whatsoever has been given by the respondents to the petitioners. Therefore, learned advocate Mr.M.B.Gandhi has submitted that the said action and the order of the respondents are contrary to the principles of natural justice and it is settled that if any adverse order having civil consequences, reasonable opportunity must be given to the concerned employees before passing the adverse orders against the concerned employees. Learned advocate Mr.Gandhi has relied upon the decision in respect of the similar question in case of RATILALBHAI NANJIBHAI GAMI VS. STATE OF GUJARAT AND OTHERS reported in 1997 [4] GCD 709. The relevant observations made in para-5 of the aforesaid decision are referred to as under :