TARAWANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners, who were working as Sr. Assistants with the Irrigation Department, Punjab, have prayed for issuance of a writ of Certiorari for quashing the impugned order dated 26.6.2001 (P.10) passed by respondent No.2 whereby their claim for protection of the pay during which they worked as Accounts Assistant with the S.Y.L Canal Project has been rejected.

(2.) It is contended by learned counsel for the petitioners that the impugned order has been passed by the Competent Authority i.e respondent No.2 without affording any opportunity of hearing to the petitioners and contrary to the directions of Division Bench of this Court issued on 12.7.2000 (P.8) in CWP No.2195 of 1990 earlier filed by the petitioners. It has further been argued that the impugned order is wholly erroneous and liable to be set aside by this Court.

(3.) On the other hand, learned state counsel has vehemently opposed the prayer of the petitioners on the ground that the impugned order (P.10) is perfectly legal and valid and the same has been passed after due application of mind and affording an opportunity of hearing to the petitioners, which deserves to be upheld by this Court. It has also been argued that on account of re-fixation, the recovery of excess payments has already been effected from the petitioners and in case, the benefit claimed by the petitioners is granted, then the Senior Clerks, who were senior to the petitioners, will also stake their claims for pay protection at par with the petitioners (Juniors) leading to opening the Pandora box.