NATHUJI S VEROL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal under Clause 15 of the Letters Patent, the appellants have challenged the legality and validity of the order dated 08.03.2006 passed by the learned Single Judge while dealing with Special Civil Application No.6878 of 1996, whereby the learned Single Judge rejected the prayer made in the writ petition.

(2.) BRIEF facts of the present appeal are that the appellants were working as Live Stock Inspectors under the Director of Animal Husbandary, Government of Gujarat. The appellants were in the pay scale of Rs. 12002040 and were given the benefit of higher grade scale in view of the Government Resolution dated 5/7/1991. This resolution was subsequently modified by the resolution dated 16/8/1994 and the 2nd and 3rd higher grade scales given to the appellant was cancelled and recovery of excess amount was ordered in 1994 and the same was recovered from the amount of provident fund. The petition, challenging the above action of the opponents has been rejected, hence this appeal.

(3.) LEARNED advocate Mr. Supehia on behalf of the appellants states that before withdrawing the benefit granted to the appellants, the appellants were not given opportunity of representation or of hearing. He states that it is not true that under the Resolution dated 16/8/1994 the appellants are not entitled to the benefit of higher pay scale. He further states that in any view of the matter, the recovery could not have been made from the Provident Fund accounts of the appellants.