ORDER : S.K Keshote, J. 1. Rule, Mr. D.A. Barnbhania, learned counsel waives service of notice of rule on behalf of the respondents. 2. Looking to the facts of the case and with the consent of the learned counsel for the parties the writ petition is taken up for final disposal. 3. The petitioners are the Sales Tax Inspectors in the Department of Sales Tax to the Government of Gujarat. In pursuance of the Government Resolution dated 16.8.1994 the petitioner was given the benefit of higher pay-scale. This benefit is sought to be taken away by resolution dated 11.12.1995. Not only the benefit has been taken away but the orders had been passed for the recovery of the excess pay which has been paid to the petitioner. It is not in dispute that resolution dated 11.12.1995 and the consequential orders flowing therefrom has been passed without giving notice or opportunity of hearing to the petitioner. In the cognate matter Spl. Civil Suit No. 3/1996, this Court has already quashed the resolution dated 11.12.1995 to the extent it relates to the petitioner. The decision given in Special Civil Application No. 3/1996 covers the controversy which has arisen in the present case. 4. In the result, this writ petition is allowed and the resolution dated 11.12.1995 to the extent it relates to the petitioners is quashed. The consequential order passed of recovery of the excess amount paid to the petitioners in the higher pay scale is also quashed and set aside. However, this judgment will not come in the way of the respondents to pass fresh order after giving notice and opportunity of hearing to the petitioners. Rule is made absolute in the aforesaid terms. No order as to costs. Petition allowed.