Subhash Chandra & Others vs State Of Uttarakhand & Others

Ramesh Ranganathan, CJ

The amendment application is ordered.

In all these writ petitions, the petitioners were employees of the Forest Department of the Government of Uttarakhand. While some of the petitioners, in this batch of cases, retired even before institution of the writ petitions, a few others retired during the pendency of the writ petitions, except the first petitioner in WPSB No. 31 of 2018 who is due to retire on 31.10.2019. All of them have invoked the jurisdiction of this Court, by way of these writ petitions, requesting that the orders, directing recovery of the amount allegedly paid to them in excess earlier, be quashed. The impugned orders dated 20.12.2017 and 22.12.2017 were stayed by this Court in this batch of writ petitions. After the impugned orders were passed on 20.12.2017 and 22.12.2017, orders dated 04.05.2018 and 08.05.2018 were again passed to a similar effect.

While matters stood thus, Writ Petition (S/B) No.200 of 2018, relating to another employee (not one among the petitioners in these three writ petitions), questioning the action of the respondents in seeking to recover the amounts paid to them in excess earlier, was disposed of by a Division Bench of this Court, by its order dated 27.07.2018. The impugned order of recovery was quashed for violation of principles of natural justice, reserving liberty to the respondents to proceed with the matter strictly in accordance with law. Though the petitioners herein were not parties thereto, a notice is said to have been issued to them also, along with the petitioners in WPSB No. 200 of 2018, on 21.09.2018.

Curiously, on the very same day i.e. 21.09.2018, the impugned order of recovery was passed even without giving the petitioners a reasonable opportunity of being heard; and, consequent thereto, the petitioners' pay scales were also downgraded. This order, reducing the pay scales of the petitioners and recovery of the amount allegedly paid in excess to them earlier, were also stayed by this Court in these writ petitions. The second respondent passed similar orders on 15.03.2019 and 25.04.2019, the validity of which are questioned by way of the amendment application which has been ordered by us today.

It is not disputed before us by Ms. Prabha Naithani, learned Brief Holder for the State, that the impugned order of reduction in pay scale, and recovery of the alleged excess amount, was passed on 21.09.2018 the very same day on which a notice was issued to the petitioners. It is evident, therefore, that the petitioners have been denied a reasonable opportunity of filing their reply to the show cause notice, and thereby satisfy the authorities concerned that no excess amount was paid to them earlier; and reduction of the pay scales, and recovery of the amount, was not justified.

We consider it appropriate, in such circumstances, to set-aside the orders dated 20.12.2017, 22.12.2017, 04.05.2018, 08.05.2018, 21.09.2018, 15.03.2019 and 25.04.2019, whereby the petitioners' pay scales were reduced, and the amounts allegedly paid in excess earlier were sought to be recovered. The petitioners shall, within three weeks from today, submit their reply to the show cause notice dated 21.09.2018. The second respondent shall, thereafter, pass a reasoned order in accordance with law with utmost expedition and, in any event, within four weeks from the date of receipt of a copy of the petitioners' representation. Till reasoned orders are passed on the petitioners' representation, as directed hereinabove, the interim orders passed by this Court shall continue to remain in force. Needless to state that, in case the petitioners fail to submit their reply to the show cause notice within three weeks from today, it is open to the respondents to proceed and take action in accordance with law, both for reduction of the pay scales of the petitioners and for recovery of the excess amount, if any, paid to them earlier.

The Writ Petition is disposed of accordingly. No costs.

Let a certified copy of this order be furnished to the parties, on payment of the prescribed charges, by 25.05.2019.