1. Heard Mr. D.G.Shukla Learned advocate for the petitioners and Mr. Premal Joshi learned advocate for the respondent Nagarpalika.
2. The grievance of the petitioners is to the effect that the pay which the petitioners were being paid since December, 2011/ January, 2012 was abruptly reduced in the month of April, 2012. Not only, no hearing was not given to the petitioners, even no order is passed to that effect. It is this action which is under challenge in this petition.
3. Learned advocate for the respondent states that during pendency of these petitions, notices are issued to the concerned employees, as to why their pay be not reduced. Thus, it is an undisputed position that the action of reducing the pay-scale is already implemented, months before the notices came to be issued to the concerned employees.
4. The action of the respondent authorities is ex-facie illegal and can not be allowed to stand in the eyes of law, since no action resulting into civil consequences could have been taken without hearing the affected persons. On this short ground petitions need to be allowed and therefore other aspects of the matter, on merits are not gone into. It is so also for the reason that the Nagarpalika has though it fit to hear the petitioners on merits.
5. Under these circumstances, the impugned action of the respondent Nagarpalika of reducing the pay-scale/ pay of the petitioners is held to be illegal and arbitrary and therefore the same is quashed and set aside. It is made clear that it is open to the Nagarpalika to proceed further with hearing the petitioners pursuant to the notices issued by the Nagarpalika and take appropriate decision in accordance with law.
6. It is clarified that since the impugned action of the Nagarpalika of reducing the pay-scale is set aside, the pay of the petitioners will have to be restored to the stage which was prevailing before the impugned action was taken.
7. Both the petitions are accordingly allowed and rule is made absolute in each petition to the above extent. No order as to costs.
Sd/-
(PARESH UPADHYAY, J.) MH Dave/119