RAMANBHAI B CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In present writ petitions, the petitioners sought for quashing and setting aside the order/communication dated 14.02.2012 and 29.02.2012, refixing the payscale as well as the consequential recovery.

(2.) At the outset, Mr. Vilas Goswamy, learned advocate for the petitioners has stated that the petitioners are confining the present petitions qua recovery of pay only.

(3.) Learned advocate Mr. Vilas Goswami has submitted that present petitioners who were serving as Craft Teachers are not party to any fraud or misrepresentation in fixation of the payscale which were granted to them in the Year 1989. He has submitted that petitioners were paid benefits of 5th paycommission vide order no.126/98 dated 01.09.1998 in the payscale of Rs. 40006000 and their pay was fixed of Rs. 4200/from 01.01.1996. He has further submitted that fixation was done by the State Government and the petitioners had no role in getting the pay fixed and hence, as per settled law, no recovery can be affected from them that too without giving any opportunity of hearing.