ORDER : B.P. Jeevan Reddy, J. 1. The appellants are Matriculates and they have undertaken ITI training in the trades of Machinist and Electrician for two years. They were appointed on 26-11-1969 and 20-8-1973 respectively in the scale of Rs 80-120 with usual DA sanctioned by the Government. It is their case that the Fourth Pay Commission recommended as uniform scale of pay Rs 300-410 for all ITI-passed candidates with Matriculation as educational qualification and with two years? training. It is further submitted that this was accepted by the Government. While fixing the appellants? pay it was erroneously fixed in the scale of Rs. 240-315 with effect from 1-1-1974. This has been attacked as illegal. Since according to the appellants they are entitled to the scale of pay of Rs. 300-410 in accordance with the Fourth Pay Commission, they made representations against the fixation of their pay in the scale of Rs. 240-315 with effect from 1-1-1974. By order dated 11-6-1976, the appellants? pay scale was fixed at Rs. 300-410 and accordingly they drew such scale of pay. 2. Later, the appellants were served with an order dated 16-11-1977 stating that the earlier order dated 11-6-1976 by which the appellants were given the benefit of pay of Rs 300-410 stands annulled and they are allowed the salary only in the scale of pay of Rs 240-315. There was also a stipulation that a communication regarding the refund of excess amount drawn would follow. 3. The main complaint of the appellants before the Orissa Administrative Tribunal and still before us is that the order dated 16-11-1977 was passed behind the back of the appellants and without giving them an opportunity to explain. It was contended that it was without any reason or notice to the appellants the earlier order fixing their pay in the scale of Rs 300-410 was withdrawn and they were put in the pay scale of Rs. 240-315. The Tribunal dismissed the application of the appellants. 4. We heard the counsel. We are of the view that in the totality of the circumstances the representations submitted by the appellants should be considered afresh after giving them an opportunity of being heard. The State Government shall do so within a period of three months from today and pass appropriate orders. The State Government shall not feel fettered by any of the observations contained in the order of the Tribunal.
The State Government shall do so within a period of three months from today and pass appropriate orders. The State Government shall not feel fettered by any of the observations contained in the order of the Tribunal. Pending the disposal of the representations, no recovery of amount alleged to have been paid shall be made. 5. The appeal is disposed of accordingly. No costs.