1974 JTR(SC) 222
1974 AIR(SC) 1889 ; 1974 29 FLR 393 ; 1974 LIC 1275 ; 1974 2 LLJ 372 ; 1975 1 LLN 51 ; 1975 3 SCC 1 ; 1974 SCC(L&S) 435 ; 1974 2 SCWR 264 ; 1975 SLJ 13 ; 1974 2 SLR 546 ; 1974 UJ 520 ; 1974 KHC 788
SUPREME COURT OF INDIA
A.N. RAY, C.J.I. AND K.K. MATHEW, J.
Divisional Superintendent, Eastern Railway, Dinapur and others, Appellants
Versus
L. N. Kashri and others, Respondents.
Civil Appeal No. 2117 of 1969 D/- 6-8-1974.
Act Referred :CONSTITUTION OF INDIA : Art.311
Employment and Service matter – Fixed pay scale - Whether order is valid - By order appellants fied pay of respondents at Rs. 135/- per month in scale of Rs. 105-135 - Respondents contented that their pay had been fixed in scale of Rs. 110-180 and scale was arbitrarily and illegally reduced - Held, Appellants having fixed the scale and confirmed the respondents could not reduce scale without giving any opportunity to respondents to be heard - Respondents on confirmation became entitled to rights to post and to scale of pay fixed by Board - Appeals dismissed.
Employment and Service matter – Fixed pay scale - Whether order is valid - By order appellants fied pay of respondents at Rs. 135/- per month in scale of Rs. 105-135 - Respondents contented that their pay had been fixed in scale of Rs. 110-180 and scale was arbitrarily and illegally reduced - Held, Appellants having fixed the scale and confirmed the respondents could not reduce scale without giving any opportunity to respondents to be heard - Respondents on confirmation became entitled to rights to post and to scale of pay fixed by Board - Appeals dismissed.
Judgement
RAY, C. J. :- These two appeals are by certificate from judgment dated 14 December, 1967 of the High Court of Patna.
2. The only question in these appeals is whether the order dated 16 August, 1966 is valid.
3. By order dated 16 August, 1966 the appellants fied the pay of the respondents at Rs. 135/- per month in the scale of Rs. 105-135.
4. The respondents contented that their pay had been fixed in the scale of Rs. 110-180 and the scale was arbitrarily and illegally reduced.
5. The appellants contended that because of some mistake the respondents had been put in the grade of Rs. 110-180 and this mistake was rectified.
6. The respondents were confirmed in the scale of Rs. 110-180. The appellants having fixed the scale and confirmed the respondents could not reduce the scale without giving any opportunity to the respondents to be heard. Further more, the respondents on confirmation became entitled to rights to the post and to the scale of pay fixed by the Board.
7. The High Court rightly set aside the order. The appeals therefore fail and are dismissed. The appellants will pay costs to the respondents.
Appeals dismissed.
For Citation : AIR 1974 SC 1889 =1974 Lab. I.C. 1275.