R VINCENT JAYAKUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner joined the Police Services as Grade -II Police Constable on 10.12.1973. He moved to Selection Grade in Grade II Police Constable on completion of 10 years of service. He was further upgraded as Grade I Police Constable on 20.02.1993. He was further upgraded as Head Constable in 1998. Since he completed 20 years of service, the respondent passed an order Rc. No.A2/18722/01, dated 16.03.2001 granting special grade pay for Grade-II Police Constable from 20.12.1993. He was granted the arrears pursuant to the said order. While so, the impugned order dated 12.02.2002 was passed by the respondent stating that the aforesaid fixation in granting special grade to the petitioner from 1993 was opposed to G.O.57/Finance (Pay Cell II) Dept., dated 28.01.1991 and the said G.O. was not considered, while granting special grade to the petitioner, by the order, dated 16.03.2001. THE impugned order directs for refixation of pay and also for recovery of the excess amount paid pursuant to the earlier fixation made in the order dated 16.03.2001.

(2.) THE petitioner has filed an Original Application No.1112 of 2002 (W.P.No,5700 of 2007) to quash the aforesaid order refixing his pay and seeking to recover the excess amount paid pursuant to the refixation .

(3.) ADMITTEDLY, the impugned order was passed, without affording an opportunity of hearing to the petitioner. Further, the impugned order is opposed to the decision of the Honourable Supreme Court in SYED ABDUL QADIR AND OTHERS V. STATE OF BIHAR AND OTHERS reported in 2009 (3) SCC 475 wherein, it has been held as follows:-