VITTHALBHAI BHIKHABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Krina Calla, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, to quash and set aside the impugned order dated 30th April,2008 at Annexure "a" to the petition, by which, higher pay scale granted to the petitioners has been cancelled and consequently the order of recovery has been passed. 2. Mr. Gadhavi, learned advocate appearing on behalf of the petitioners has submitted that apart from the fact that order dated 3rd December,1998 granting the benefit of higher pay scale is just and proper, even the impugned order has been passed without giving an opportunity of being heard to the petitioners. If the petitioners would have been given an opportunity of being heard, in that case, the petitioners could have pointed out that the earlier order of granting benefit of higher pay scale is just, proper and in accordance with law.

(3.) MS. KRINA Calla, learned Assistant Government Pleader appearing on behalf of the respondents is not in a position to dispute that the impugned order is passed without giving an opportunity of being heard to the petitioners. It cannot be disputed that any actions having civil consequences, the aggrieved party is required to be given an opportunity of being heard and at least show cause notice is required to be served upon such a person.