NAGENDRA KUMAR TIWARY, S/O BACHASPATI TIWARY, PERMANENT RESIDENT OF VILLAGE Vs. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, HAVING ITS OFFICE AT PROJECT BUILDING, P.O.:DHURWA, P.S.:JAGANNATHPUR, DISTRICT:RANCHI, JHARKHAND

JUDGEMENT

(1.) Aggrieved of order contained in letter dated 24.09.2016 whereby the respondents have re-fixed salary of the petitioners in senior Grade-II with a further order for recovery of alleged excess amount paid to the petitioner, the instant writ-petition has been filed.

(2.) The petitioners claim that they were appointed between 1994 to 1999. The Government of Jharkhand in the light of VIth Pay Revision recommendations constituted a Fitment Committee vide Resolution dated 15.09.2008, which submitted its recommendation whereupon the State of Jharkhand issued Resolution dated 28.02.2009. The petitioners' claim that they shall be paid salary and other allowances in pay-band of Rs.9300- 34,800.00. It is contended that in view of recommendation of the Fitment Committee which was accepted by the State of Jharkhand, though the petitioners shall remain in the same pay-band, they are entitled for payment in higher grade-pay and one increment. The learned counsel for the petitioners has relied on the decision rendered in State of Punjab Vs. Rafiq Masih reported in (2015) 4 SCC 334 , where under it has been held thus;

(3.) Taking note of the plea taken by the petitioners that the impugned order dated 24.09.2016 was issued in gross violation of the rules of natural justice, vide order dated 22.11.2016 the respondents were directed to file affidavit whether before issuing impugned order dated 24.09.2016 any notice was issued to the petitioners or not and whether before ordering recovery of excess payment made to the petitioners, the petitioners were afforded opportunity to put their defence or not .