SUNIL DEV Vs. F C CUM SECRETARY FINANCE

JUDGEMENT

(1.) THE petitioners in this petition have prayed for quashing office order No.44 /2002 dated 16.1.2002 whereby the petitioners who were earlier promoted to the rank of Junior Assistants vide office order No. 275/99 dated 9.6.1999 were designated as Junior Assistants in the pay scale of ' 4400 7000 by placement from the dates mentioned in the office order dated 16.1.2002. THE petitioners have further prayed that respondents may be directed to allow continuity of earlier promotion order made vide office order No.275/99 dated 9.6.1999. It has also been prayed that the petitioners may be allowed the protection of their pay as a Senior Clerk/Junior Assistants under F.R. 27 or as a measure personal to them as has been done in several similar cases.

(2.) THE petitioners have challenged the impugned placement order dated 16.1.2002 Annexure A-1 whereby the promotion of the petitioners as Junior Assistants in the pay scale of ' 4400 7000 ordered earlier vide office order No. 275/99 dated 9.6.1999 Annexure A-2 has been modified /withdrawn/cancelled wrongly, arbitrarily, unconstitutional by ordering placement. THE pay of the petitioners was already fixed in the pay scale of ' 4400 7000 which will reduce by one to three increments due to impugned placement. THE impugned notification has been issued all of a sudden without assigning any reason and also without serving show cause notice and without calling options of the petitioners. THE reduction in pay and recovery thereof is arbitrary, unconstitutional, illegal and is punitive in nature. On these facts, the petitioners have filed the petition and have prayed for the reliefs noticed above.

(3.) IN Syed Abdul Qadir (supra) the Supreme Court has held as follows:-