State of Uttarakhand & Ors vs Vandana Bisht & Ors

Leave granted.

This appeal has been filed against the judgment and order dated 23.04.2018, by which the High Court has allowed the writ petition on the ground that the salary of the petitioners (respondents herein) has been reduced without hearing them.

The writ petition was filed by the respondents with following prayers:

i) issue a writ, order or direction in the nature of certiorari quashing and declaring the provisions of Rule 25 read with Appendix I Entry Column 3 of the Rules of 2014 as to be ultra vires being violative of Articles 14 and 16 of the Constitution of India.

ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay to the petitioners the scale as settled by the recommendations of VI Pay Commission in the scale of Rs.37400-67000 with grade pay of Rs.8700/- w.e.f. 23.1.2014 till the date of actual payment and arrears thereof and not to reduce the same in pursuance to the impugned service rules as enforced.

iii) issue a writ, order, or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.

iv) award the cost of the petition.

The writ petition was contested by the State and the petition was disposed of by the following order:

"The petitioners were granted higher pay scale in the higher pay band and were granted pay band IV. However, the same pay band has been reduced to pay band III without hearing the petitioners.

The salary is a property within the meaning of Article 300-A of the Constitution of India. No person can be deprived of the same, save in accordance with law. There is a violation of principle of natural justice.

Accordingly, the writ petition is allowed. The order, whereby the salary of the petitioners has been reduced without hearing them, is quashed and set aside.

Pending application, if any, stands disposed of."

We are of the view that the High Court has not decided the issues raised in the writ petition and has not reflected as to whether the rule which was challenged is ultra vires or intra vires.

We are of the view that ends of justice be served in setting aside the order passed by the High Court and remitting the matter to the High Court for a fresh decision in accordance with law. We order accordingly. We request the High Court to decide the writ petition expeditiously after hearing both the parties, in accordance with law.

The civil appeal is disposed of. No order as to costs.