Case Note & Summary
The petitioner, Shaikh Ali Ahmed, was appointed as an Electrician on daily wages in August 1985 by the Irrigation Department of Maharashtra. However, the department designated him as a Pump Operator and paid him daily wages admissible to that post, which were lower. Upon his grievance, the Superintending Engineer by letter dated 20.11.1991 approved the proposal for grant of daily wages of the post of Electrician, and the Executive Engineer sanctioned the same with effect from 1st June 1991. Subsequently, the authorities stopped paying the daily wages of Electrician without any notice or opportunity of hearing. The petitioner filed Original Application No.376/2008 before the Maharashtra Administrative Tribunal, which dismissed it on 30.08.2013. Aggrieved, the petitioner filed the present writ petition. The High Court observed that the respondents had not issued any notice or given any opportunity of hearing before stopping the sanctioned wages. The Court held that the action of the respondents was arbitrary and violative of principles of natural justice. The Court set aside the Tribunal's order and directed the respondents to pay the petitioner daily wages of the post of Electrician from the date they were stopped until his death, within three months. The petition was allowed.
Headnote
A) Service Law - Daily Wages - Unilateral Reduction - The petitioner was appointed as Electrician on daily wages but was designated as Pump Operator and paid lower wages. After grievance, the authorities sanctioned daily wages of Electrician from 1st June 1991. Subsequently, the authorities stopped those wages without any notice or hearing. The Court held that once wages of a higher post are sanctioned and paid, they cannot be unilaterally stopped without following due process. The impugned order of the Tribunal was set aside and the respondents were directed to pay daily wages of Electrician from the date they were stopped till the petitioner's death. (Paras 1-10)
Issue of Consideration
Whether the respondent authorities could unilaterally stop the daily wages of the post of Electrician which were sanctioned and paid to the petitioner, without any notice or opportunity of hearing.
Final Decision
The High Court allowed the writ petition, set aside the impugned order of the Maharashtra Administrative Tribunal dated 30.08.2013, and directed the respondents to pay the petitioner daily wages of the post of Electrician from the date they were stopped until his death, within three months.
Law Points
- Daily wages cannot be unilaterally reduced without notice or hearing
- Principle of legitimate expectation
- Government must act fairly and reasonably
