M S NANAVATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner has prayed for quashing and setting aside the order dated 23.11.2006, whereby the pay of the present petitioner has been re-fixed for the period from 25.09.1984 to 31.12.1985.

(2.) It is pertinent to note that the order dated 23.11.2006 is passed prior to one year before his retirement on 31.08.2007. Thus, pay of the present petitioner is re-fixed with retrospective effect from 25.09.1984 to 31.12.1985. Further, it is also observed that period from 01.01.1986 to 31.05.1999, he has to deposit an amount of pay difference in General Provident Fund and can neither withdraw the said amount till his retirement nor can it be withdrawn. Thus, at the fag end of his service, the impugned order has been passed re-fixing the pay for the period from 25.09.1984 to 31.12.1985.

(3.) Mr.Shukla, learned advocate for the petitioner has submitted that impugned order dated 23.11.2006 is liable to be quashed and set aside since the same is passed without giving proper opportunity of hearing to the present petitioner.