Case Note & Summary
The petitioner, I.J. Zala Indrakant Jivanbhai Zala, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging three orders dated 27.12.2018, 15.01.2019, and 29.04.2019 passed by respondent authorities (respondent Nos. 2, 4, and 5 respectively). The petitioner sought a writ of mandamus to quash these orders and to direct the respondents to grant him the second higher grade pay scale with all consequential benefits, including arrears and interest at 12% per annum, from the completion of 24 years of service. The primary grievance was that the order dated 27.12.2018 passed by respondent No.2 reduced the effect of a previously granted higher pay scale benefit without affording the petitioner any opportunity of hearing, thereby violating the principles of natural justice. The petitioner's counsel, Mr. Rutvij S. Oza, argued that the impugned order was in clear violation of the audi alteram partem rule. The respondent State, represented by Ms. Nidhi Vyas, learned AGP, submitted that the petitioner was not entitled to the higher pay scale but could not controvert the fact that the order dated 27.12.2018 was passed without giving any hearing to the petitioner. The court, after hearing both sides, found that the order dated 27.12.2018 was indeed passed without any opportunity of hearing, thus violating natural justice. Consequently, the court quashed and set aside only the order dated 27.12.2018 and remitted the matter back to respondent No.2 to pass a fresh order after giving the petitioner a reasonable opportunity of hearing. The court clarified that it had not expressed any opinion on the merits of the case and that the other two impugned orders (dated 15.01.2019 and 29.04.2019) were not interfered with as they were consequential to the order dated 27.12.2018. The petition was disposed of accordingly.
Headnote
A) Service Law - Higher Grade Pay Scale - Violation of Natural Justice - The petitioner challenged orders dated 27.12.2018, 15.01.2019 and 29.04.2019 passed by respondent authorities reducing the effect of granting higher pay scale - The court found that the order dated 27.12.2018 was passed without giving any opportunity of hearing to the petitioner, thus violating principles of natural justice - Held that the impugned order dated 27.12.2018 is quashed and set aside, and the matter is remitted back to respondent No.2 to pass a fresh order after giving an opportunity of hearing to the petitioner (Paras 4-6).
Issue of Consideration
Whether the impugned order dated 27/12/2018 reducing the effect of granting the benefit of higher pay scale to the petitioner was passed in violation of principles of natural justice.
Final Decision
The impugned order dated 27.12.2018 passed by respondent No.2 is quashed and set aside. The matter is remitted back to respondent No.2 to pass a fresh order after giving an opportunity of hearing to the petitioner. The other two impugned orders are not interfered with. The petition is disposed of accordingly.
Law Points
- Principles of Natural Justice
- Audi Alteram Partem
- Right to be Heard
- Higher Grade Pay Scale
- Article 226 of the Constitution of India
