KANUBHAI PARSOTTAMDAS SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Krina Calla, learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondent No. 1 and Mr. Rituraj Meena, learned advocate waives the service of notice of rule on behalf of the respondent No. 5.

(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken up for final hearing.

(3.) BY way of this petition under Article 226 of the Constitution of India the petitioners have prayed for an appropriate writ, order or direction, quashing and setting aside the impugned order dtd. 22/5/2009 to effect recovery from the salaries of the petitioners in respect of pay fixation which have been done in cases of the petitioners approximately 22 years ago. The petitioners have also prayed to quash and set aside the order dtd. 22/5/2009 issued by the Executive Engineer, Construction Division, Gujarat Water Supply and Sewerage Board, by which the decision was taken by the authorities to place the petitioners in the pay scale of Rs. 950-1500 with effect from the date revision of pay Rules, 1987 came into force i. e. 1/1/1986 and consequently for effecting recoveries. The petitioners have also prayed to hold and declare that the petitioners were rightly given the pay scale of Rs. 1150-1500 with effect from 1/1/1986 and that the respondent authorities have no right or authority to effect any recovery from the salaries of the petitioners and/or place them in the pay scale of Rs. 950-1500 and also prayed to hold and declare that the action of the respondent authorities of passing order dtd. 22/5/2009 for effecting recovery without even affording an opportunity of hearing to the petitioners, is ex-facie bad illegal and in gross violation of the principles of natural justice.