(1.) Heard learned advocate Mr.P.J.Kanabar with learned advocate Mr.Y.J.Jasani on behalf of the petitioner and learned Advocate Mr.J.D.Ajmera appearing for respondent Nos.1 to 4 on caveat.
(2.) In the present petition, the petitioner has challenged the order passed by the Gujarat Secondary Education Tribunal at Ahmedabad in Application No.77 / 2000 dated 16th April, 2003, wherein the tribunal has come to the conclusion that the order date 5th February, 2000 which has been passed by the Principal of the School which adverse to the respondents, is contrary to the principles of natural justice, meaning thereby, this order has been passed by the Principal without giving or affording any opportunity of hearing to the respondents. Therefore, short question examined by the tribunal and come to the conclusion that it is well settled position of law that even any administrative orders are also required to be passed in consonance with the principles of natural justice. When three tire pay scale benefit is being cancelled by the school which were enjoyed by respondents last more than 9 years without hearing the respondents, according to the tribunal, such order cannot stand for a moment and on this ground alone deserves to be quashed and set aside. However, the tribunal has made it clear that this order is set aside only on the ground of violation of principles of natural justice and it is kept open for the school management - respondent to pass appropriate orders after hearing the respondents and the respondent would be entitled for the benefits as per the Rules.
(3.) Learned advocate Mr.Kanabar appearing on behalf of the petitioner, while pointing out the letter dated 18th December, 1999 [which is at page-24] addressed to the Principal of School with a direction that the cases which are pending with the school authority about nine years benefit which has been sanctioned by the Local Fund Office, Amreli and that was granted considering Resolution dated 5th July, 1991. Therefore, considering the Government Resolution dated 16th August, 1994, now it required to be reviewed by the Local Fund Office, Amreli and hence, it was directed to the school authority to produce all the relevant details with pay revision in light of the Government Resolution dated 16th August, 1994 and send to the Local Fund Office, Amreli. Therefore, learned advocate Mr.Kanabar has submitted that in light of this order, higher grade benefit was granted to the respondents and the same has been sanctioned by the District Education Officer. He also submitted that according to the Government Resolution dated 16th August, 1994, before granting the higher grade benefits, nine years' Confidential Reports require to be taken into account by the respondent authority and thereafter, such benefit has to be granted in favour of such employees. Learned advocate Mr.Kanabar also submitted that there is some fraud committed by the employees, for that, complaint has been filed by the petitioner on 11th February, 1998 and in the said complaint, one of the employees accused, has obtained anticipatory bail from the competent Court. However, it is also the grievance of the petitioner that the petitioner trust is not the party before the Tribunal and therefore, the trust was not able to defend their case before the tribunal properly. He also submitted that there is no need to give any personal hearing or any opportunity of hearing to the respondents before passing the orders dated 5th February, 2000 because they were not entitled as per the Government Resolution dated 16th August, 1994 and therefore, there is no need to given any opportunity to the respondents. He also submitted that the Principal already before the Tribunal, has not represented the case of the management properly and therefore, the tribunal has committed gross error in coming to the conclusion. Except this, no other submission is made by the learned advocate Mr.Kanabar before this Court.