A. Maria Singam v. Assistant Director of Town Panchayat
2012-03-05
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioners challenges the order passed by the second respondent dated 20.9.2001. 2. The petitioners were appointed on daily wage basis. Thereafter, they were placed in consolidated pay of Rs.900/- vide order dated 2.1.1998. In pursuance of G.O.No.199 dated 12.9.1997, and the Resolution No.1 dated 31.12.1997 of the Establishment Committee, a policy decision was taken by the State of Tamil Nadu, to grant regular pay scale to the employees working on consolidated pay. In view of Government instruction issued vide G.O.No.84 dated 21.5.1998, the petitioners were granted regular pay scale of Rs.2550-55-2660-60-3200. 3. The respondents without issuing any show cause notice, cancelled the order of regular pay scale and placed the petitioners again in consolidated pay of Rs.1500/-. 4. The impugned order is challenged, by the learned counsel for the petitioners, on the ground that vide impugned order, the salary of the petitioners stand reduced by Rs.2000/- per month, thus it affected the civil rights of the petitioners, therefore, the order could not have been passed, without complying with the principles of natural justice. 5. It is also the contention of the learned counsel for the petitioners that the impugned order cannot be sustained as the petitioners could not be made a scapegoat for the fault of the respondents in not seeking the approval from the Director of Rural Development, especially in view of the fact that the first respondent is bound by the Government instruction, directing the grant of regular pay scale to the employees, working on consolidated salary. The learned counsel, therefore, is right in contending that the petitioners cannot be made to suffer for inaction of the respondents in failing to seek approval. 6. On consideration, I find force in the contention of the learned counsel for the petitioners. 7. Consequently, the writ petition is allowed. A writ in the nature of certiorari is issued quashing the impugned order. The petitioners shall also be entitled to all the consequential benefits. No costs.