LILABEN DIGAMBAR NAVRE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the petitions are filed by the widows whose late husbands served under respondents No.1 and 2.

(2.) The challenge in both the petitions is against the reduction of pay scales after the death of their husbands from Rs.950-1500 to Rs.750-940 with further prayer to refix the pay and pension.

(3.) The case of the petitioner in Special Civil Application No. 15690 of 2011 is that the late husband of the petitioner was working with Irrigation Department as daily wager helper from 1974. On 7.3.1981, he was appointed as a daily wager clerk in the office of the Superintending Engineer, Irrigation Mechanical Division No.2, Ukai. He was being paid a fixed pay of Rs.950/- from 7.3.1986. On completion of 10 year of service from 7.3.1981, he was placed in the pay scales of Rs.950-1500 which was then revised under the Revision of Pay Rules, 1998 to Rs.3050-4590 with effect from 1.1.1996. From 9.6.2004, he was transferred from the office of the Superintending Engineer, Irrigation Mechanical Division No.2, Ukai to the office of respondent NO.3 Deputy Executive Engineer, Irrigation Sub Division, Mahudha. Late husband of the petitioner retired on 31.7.2007 and the last pay drawn by him was Rs.3950.00. He then expired on 22.1.2009. It is the further case of the petitioner that on 13.7.2009, the petitioner received a copy of letter addressed by the office of the Director of Pension and Provident Fund, the respondent No. 4 to the Executive Engineer, Shedhi Irrigation Department, Nadiad inquiring as to how late husband of the petitioner was fixed in the pay scales of Rs.950-1500 (3050-4590) though he had not cleared the SSC Examination. The Executive Engineer, Shedhi Irrigation Department, Nadiad then wrote letter dated 8.9.2009 to respondent No.4 stating that the retiral dues of the husband of the petitioner were still not paid to the petitioner and requested to respondent no.4 to take necessary action for making payment of the retiral dues to the petitioner. It is the further case of the petitioner that the Executive Engineer, Irrigation Department, Nadiad then wrote letter dated 31.12.2009 to respondent no.2 and asked him to provide document explaining how the petitioner s husband was fixed in the pay scales of Rs.950-1500. Copy of the said letter was forwarded to the petitioner as well. As further averred by the petitioner, respondent No.2 then passed office order dated Nil of 2010 (28.6.2010) refixing and reducing pay-scale of the husband of the petitioner from the Rs.3050-4590 to Rs.2550-3200. Said order revised erstwhile pay scales of her husband from Rs.950-1500 to Rs.750-940. It is the case of the petitioner that her husband was never intimated in his life time that his pay scales was wrongly fixed from the year 1991. Respondent No.2 has also not followed the principles of natural justice before refixing the pay scales of the petitioner. It is further stated that such correction of the pay scales of the husband of the petitioner was after his death and after unreasonable long period of 20 years. Petitioner has also averred that the husband of the petitioner was granted benefit of the pay scales of Rs.950-1500 on completion of 10 years service as per the Government Resolution dated 17thOctober, 1988 and there was no mistake in fixing the pay of the petitioner in such pay scales and, therefore, recovery of Rs.1,09,100/- sought by the respondent authorities from the petitioner about so called excess amount paid to the husband of the petitioner is not justified. The petitioner has made further grievance that the pay scales of the husband of the petitioner was not revised as per 6th Pay Commission and even the family pension has yet not been received.