RATILALBHAI NANJIBHAI GAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, in all 34 in number, who were in the services of the State of Gujarat, in the Department of Agriculture, filed this Special Civil Application before this Court under Art. 226 of the Constitution of India and prayer has been made for quashing and setting aside of the order of the Government dated 2.8.1997 and the consequential orders which have been passed on 19th August, 1997 and 3rd October, 1997.

(2.) Briefly stated, the facts of the case are that the petitioners No. 1 to 32 have already retired on different dates from the Government services. The petitioners No. 33 and 34 are the legal heirs of the employees who have expired after their retirement. In pursuance of the order annexurs 'D' dated 1.3.1993, the petitioners under the order dated 23rd September, 1993 of the respondent No. 2, annexure-'E', were given the benefits of the higher pay scale. Under the orders dated 19th August, 1997 and 3rd October, 1997 of the respondent No. 2, grant of higher pay scale to the petitioners was ordered to be cancelled and further direction has been given for recovery of excess amount paid to them. These orders have been challenged by the petitioners on manifold grounds but it is not necessary to advert to all those grounds except the ground that these orders have been passed without any notice and opportunity of hearing to them.

(3.) The respondents have filed reply to the Special Civil Application and contention has been made therein that for the eligibility and the entitlement of the higher pay scale, the employees concerned have to possess all the requisite eligibilities prescribed for promotion to the next higher post. The recruitment rules regarding promotion to the post of Agricultural Officers, Gujarat Agricultural Services Class II, have been amended and for promotion, minimum qualification is of Bachelor's Degree in Science (Agriculture) and none of the petitioners possessed that qualification and as such, the orders which have been passed granting them the benefit of higher pay scale have rightly been reviewed and recovery has rightly been ordered. However, in the reply as well as during the course of arguments, the learned counsel for the respondents has fairly admitted that the orders impugned in this Special Civil Application have been passed without any notice or opportunity of hearing to the petitioners.