S.B.KAPDI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) PER<DJG> AKIL KURESHI</DJG>, J: - 1. In the present petition, the petitioner has challenged the resolution dated 30th September, 2002 passed by the respondents by which the pay -fixation of the petitioner is sought to be corrected and the petitioner is sought to be placed in the pay -scale of Rs. 160 -225 (pre -revised) with effect from 12th March, 1973 instead of the scale of Rs. 200 -340 as was given to her. The petitioner has also prayed for a declaration that she was rightly placed in the pay scale of Rs. 200 -340 with effect from 12th March 1973 as revised from time to time. The petitioner has also challenged the resolution dated 18th July, 1996 by which the pay of the petitioner is fixed in the revised scale of Rs.5500 - 9000.

(2.) THE case of the petitioner as emerging from the petition is that she was appointed in the Government Mental Hospital, Ahmedabad on the post of Linen Keeper on 12th March 1973. Her pay was fixed in the scale of Rs. 200 -340 on 12th March, 1973. It is also the case of the petitioner that she continued to receive the periodical pay revisions in the scales corresponding to the prerevised scale of Rs. 200 -340. The petitioner, further submits that suddenly the respondents by their impugned order dated 7th August, 1996 sought to place the petitioner in the lower scale of Rs. 160 -225 with effect from 12th March, 1973 without following any formalities or without hearing the petitioner. The petitioner had thereafter approached this Court by filing Special Civil Application No. 6371 of 1996 in which by the order dated 18th September, 1996, this Court was pleased to quash and set aside the said order of 7th/19th August, 1996 only on the ground that the said order was passed without affording an opportunity of being heard to the petitioner. It is not in dispute that subsequent to passing of the said order dated 18th September 1996, by this Court in Special Civil Application No. 6371 of 1996, the petitioner was given an opportunity to represent her case and the respondents thereafter passed fresh order dated 30th September, 2002 by which the earlier stand was reiterated and it was decided that the petitioner was wrongly placed in the scale of Rs.200 -340 with effect from 12th March, 1973. The respondents have also sought recovery of the excess payment made from the petitioner.

(3.) THE respondents have filed an affidavit in reply and have pointed out that placing the petitioner in the scale of Rs. 200 - 340 was a mistake since the pay -scale of the Linen Keeper in the Mental Hospital at Ahmedabad was that of Rs. 160 -225 when the petitioner was appointed to the said post on 12th March, 1973. It is further pointed out that the pay scale of Rs. 200 -340 was prescribed for the post of Senior Linen Keeper and since admittedly the petitioner was appointed to the post of Linen Keeper and not to the post of Senior Linen Keeper, the petitioner could not have been given the pay scale of Rs. 200 -340 and the subsequent pay fixation pursuant to pay revisions was also therefore erroneous. It is further submitted on behalf of the respondents that when the mistake came to the notice of the respondent, the same was sought to be rectified and though on earlier occasion, the order of correcting the pay fixation was passed ex parte, after the order passed by this Court striking down the said order, the respondent had given sufficient opportunity to the petitioner to be heard and had thereafter passed fresh order which is in accordance with the law and therefore need not be disturbed.