Rajasthan High Court - Jodhpur
Mohan Lal Khatri vs Rsrtc & Ors on 13 March, 2009
Author: Govind Mathur
Bench: Govind Mathur
SBCWP No.1549/98- Mohan Lal Khatri v. RSRTC & ors
Date of order: 13.03.2009
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S.B. Civil Writ Petition No.1549/1998
Mohan Lal Khatri v.
Rajasthan State Road Transport Corporation & ors.
Date of Order: 13th March, 20098
HON'BLE MR JUSTICE GOVIND MATHUR
None present for the petitioner Mr M.S. Godara, for the respondents The petitioner entered in the services of Rajasthan State Road Transport Corporation on 13th January, 1987 being appointed as Conductor in the pay scale of Rs.490-840. On qualifying an appropriate test, appointment was given to him under an order dated 25th April, 1988 as Lower Division Clerk with the Corporation in the pay scale of Rs.880-1680. The pay scale then applicable with the Corporation came to be revised by the Rajasthan State Road Transport Corporation Employees (Revised Pay Scales) Regulations, 1989. The respondent- Corporation under an order dated 18th February, 1993 made revision of petitioner's pay by allowing pay scale of Rs.950-1680 with fixation of pay at Rs.1225/-. The fixation of petitioner's pay came to be withdrawn by order impugned dated 17th November, 1995. Hence, this petition for writ is preferred.
As per averments made in the petition for writ the respondents rightly allowed pay scale of Rs.950-1680 with SBCWP No.1549/98- Mohan Lal Khatri v. RSRTC & ors Date of order: 13.03.2009 2 of 3 fixation of petitioner's pay as per existing provisions. Per contra, stand of the respondents is that Revised Pay Scale Regulations of 1989 though were certainly applicable to petitioner but he was not an existing Corporation employee on first of September, 1986, therefore, he was not entitled to get any jump in the pay scale concerned. Accordingly, the fixation made with effect from 17th February, 1993 at Rs.1225/- in the pay scale in question was erroneous. It is also stated by the respondents that certain amount was erroneously paid to the petitioner and therefore, an order was made to make recovery of the amount said to be paid in excess.
It is not in dispute that before withdrawing fixation already made, no opportunity of hearing was given to the petitioner. Hon'ble Supreme Court in Divisional Superintendent, East- Western Railway, Dinapur and others v. L.N. Kasli and others, held that an employer could not have reduced the scale already granted to an employee without giving an opportunity of hearing.
In view of judgment aforesaid, re-fixation of petitioner by the respondents under order impugned dated 17th November, 1995 passed by the Chief Manager, Rajasthan State Road Transport Corporation, Phalodi is apparently bad. It is also SBCWP No.1549/98- Mohan Lal Khatri v. RSRTC & ors Date of order: 13.03.2009 3 of 3 pertinent to note that the respondents made fixation of petitioner's pay by treating him an existing employee at their own and without having any misrepresentation or forgery on the part of petitioner. As such, recovery sought to be made from the petitioner is also bad in eye of law.
Accordingly, this petition for writ deserves acceptance and therefore, the same is allowed. The order impugned dated 17th November, 1995 withdrawing fixation of petitioner's pay as made under order dated 18th February, 1993 is declared illegal and therefore, the same is quashed. Respondents are at liberty to act in accordance with law by providing an opportunity of hearing to the petitioner to the petitioner for making fixation of petitioner's pay. However, they shall not be entitled to make any recovery for the amount, which is already paid and yet not recovered from the petitioner.
No order as to costs.
[GOVIND MATHUR],J.
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