S. K. KESHOTE, J. ( 1 ) IN special civil application No. 4639 of 1982 notice was ordered to be issued on 1-11-1982 and ad interim relief in terms of para 13 (D) was granted. Para 13 (D) read as under:"pending admission, hearing and final disposal of this petition to issue an interim injunction against the respondents Nos. 3 and 4 restraining them from reducing the pay-scale of the petitioners and further restraining them from effecting any recovery against the petitioners on the basis of the reduction in the pay-scale. "thereafter rule was issued and ad interim relief was ordered to be continued. In special civil application No. 151 of 1983 rule was issued on 21-2-1983 and identical interim relief in terms of 12 (D) thereof was granted. In view of the aforesaid interim stay, the orders which are challenged in the petitions were not given effect to and the petitioners are continuing to enjoy the benefits of the pay-scale. Petitioner No. 1 in special civil application No. 4639 of 1982 has expired during the pendency of the writ petition. Therefore civil application No. 2824 of 1994 has been filed in the Court to bring on record the legal heirs of deceased petitioner No. 1. That application has been allowed by this Court on 21st November, 1995, and the legal heirs of petitioner No. 1 were ordered to be brought on record, but necessary correction in the record has not been made. Office is directed to make necessary correction in the record of this petition today. ( 2 ) AS challenge to the impugned order in both the writ petitions has been made on common grounds, these two writ petitions are being disposed of by this common order. ( 3 ) ALL the petitioners are holding the post of Primary School music teacher and they are working at different primary schools run by Junagadh District Panchayat. In the category of music teachers, teaching of music, Hindi, craft, drawing, etc. , are included. The Government, in exercise of its statutory powers conferred by sub-section (3) of section 20 of the Bombay Primary Education Act, 1947 has fixed the pay-scale for primary Teachers of Taluka or District Panchayats and Municipal School Boards with effect from 1-11-1972, and 1st January 1973 so far as the District School Board, gandhinagar is concerned. The pay-scale of Rs. 135-250 was prescribed for primary school music teacher.
The pay-scale of Rs. 135-250 was prescribed for primary school music teacher. The said pay-scale stood revised to Rs. 290-560 with effect from 1-1- 1973. By Government Resolution dated 24th September, 1979 clarification was made that music teachers with qualification of Sangeet Visharat and Sangeet Siksha visharat would be entitled to pay-scale of Rs. 440-640. This pay-scale has been prescribed for the music teachers with the aforesaid qualification with effect from 1-1-1973. As the petitioners were possessing the aforesaid qualifications, they were ordered to be placed in the pay-scale of Rs. 440-640 with effect from 1-1-1973 or with effect from the date of appointment, as the case may be. The Director of Education (Primary and Adult Education), vide his order dated 1st October, 1982, while deciding the case of a teacher other than the petitioners, has ordered that music teachers working at the primary schools under Junagadh District Panchayat have wrongly been given the pay-scale of Rs. 440-640 in pursuance of the Government Resolution dated 24th september, 1979. The Administrative Officer of the District Panchayat, Junagadh, has passed order dated 14-10-1982 cancelling the order sanctioning the pay-scale of Rs. 440-640 to the petitioners and has directed the Taluka Panchayat to reduce the pay-scale of the petitioners from Rs. 440-640 to Rs. 290-560 and to recover the excess amount paid to the petitioners. These two orders have been challenged by the petitioners in these writ petitions. ( 4 ) THOUGH the petitioners have raised manifold contentions in the writ petitions challenging the legality, validity and correctness of these orders, I do not consider it necessary to deal with all the points as the writ petitions are to be accepted only on the ground that these orders have been passed without notice and without affording an opportunity of hearing to the petitioners. In para 7 of the writ petition No. 4639 of 1982 the petitioners made categorical statement thus:"the petitioners submit that these impugned orders which have been passed without giving any reasonable opportunity of being heard or of making any representation to the petitioners are against the principles of natural justice and the orders are bad from the point of view of merits of the case as the peculiar circumstances in which the petitioners were appointed and are working are not taken into consideration at all.
"in reply to the writ petition, it is not the case of the respondents that before passing the aforesaid two orders any notice or opportunity of hearing was afforded to the petitioners. No material whatsoever has been produced on the record by the respondents to show that the petitioners were ever given any notice or opportunity of hearing in the matter. A bold statement has been made in the reply that the impugned orders are not against the principles of natural justice. The petitioners were given the- benefits of payscale of Rs. 440-640 pursuant to the Government Notification dated 24th September, 1979. They were enjoying the higher pay scale and the arrears of fixation have also been given to them. By the impugned orders, their pay has been reduced by fixing their pay in the lower pay-scale and further order has been passed to recover the excess amount paid to them. Certainly reduction of pay by fixing the same in lower pay-scale as well as the order to recover excess amount paid results in civil consequences. The petitioners right to get pay in the higher pay-scale has been taken away and a liability has also been created of the amount which is ordered to be realised. Looking to the nature of the order and the consequences that follow therefrom, the respondents should have afforded a reasonable opportunity of hearing to the petitioners so that they may have an opportunity to satisfy that the proposed action is not correct. The order which affects the civil rights of the petitioners, may be an administrative order, should have been passed after following the principles of natural justice. It is settled law that any order which adversely effects the civil rights of the persons, passed in violation of the principles of natural justice is an invalid order. ( 5 ) IN the result these petitions are allowed. The orders dated 1-10-1982, passed by respondent No. 2, annexure-A in both the petitions, and the orders dated 14-10-1982 passed by respondent No. 3 at annexure-B in both the petitions are quashed and set aside to the extent they relate to the petitioners in the present writ petitions. Rule made absolute accordingly. No order as to costs. .