Vikram Lal vs State Of Uttarakhand And Others

Pankaj Purohit, J

Petitioner is the employee of Police Department under the State of Uttarakhand. He was given pay scale of Rs.14430 (10230 + 4200) upon implementation of 6th Pay Commission w.e.f. 01.01.2006. The said pay scale was subsequently reduced. Thus, feeling aggrieved, petitioner has approached this Court.

It is contended by learned counsel for petitioner that order of reduction of pay band/pay scale was passed without affording opportunity of hearing to him, which, according to him, was necessary, as reduction in pay scale has civil consequences to the petitioner. He has relied upon a judgment dated 27.09.2018 passed by Co-ordinate Bench in WPSS No. 2876 of 2017. In the said judgment, Co-ordinate Bench allowed the writ petition on the ground that opportunity of hearing was not given to Police Constables before reducing their pay band.

Learned counsel for petitioner submits that since the issue is identical, therefore, present writ petition may be decided in terms of judgment dated 27.09.2018 rendered in WPSS No. 2876 of 2017.

Mr. Pradeep Hairiya, learned Standing Counsel for the State fairly submits that since identical issue has been decided in WPSS No. 2876 of 2017, therefore, present writ petition can also be decided in terms of the said judgment.

Accordingly, writ petition is allowed. Order whereby pay scale/pay band of the petitioner was reduced from Rs.14430/- (10230 + 4200) to Rs. 13500 (9300 + 4200), is quashed and set aside. However, respondents shall reconsider the matter after giving due opportunity of hearing to petitioner and pass fresh order, regarding the pay scale payable to them w.e.f. 01.01.2006, within six months from the date of production of certified copy of this order.

No order as to costs.

Pending applications, if any, stand disposed of accordingly.