Point of Law: The modification which subsequently came to be made could not have been made without issuing notice and without notice to the petitioners and without informing the petitioners about the reasons in light of which any modification is necessitated and without granting opportunity of hearing to the petitioners

ORDER :

SANGEETA K. VISHEN, J.

1. By this appeal, the appellants have challenged the judgment dated 30.11.2017 passed by the learned single Judge whereby, the writ petition filed by the respondents, that is, original petitioners, has been allowed and the order dated 22.12.2011 passed by the Joint Director (Accounts) has been restored with a further direction to the appellants to take necessary steps and make all payments in light of the order dated 22.12.2011 in accordance with the Rules, within a period of three months.

2. The brief facts, leading to the filing of the present appeal, are to the effect that the respondents, that is, the original petitioners (hereinafter referred to as 'the petitioners') have preferred the captioned writ petition seeking declaration that the decision dated 2.3.2013 and dated nil 2013 taken by the appellant No.3 as arbitrary, illegal, unjust; with a further prayer to quash and set aside the said decision and to pay the amount of arrears to the petitioners with 12% interest. The petitioners were, inter alia, aggrieved by the order dated 2.3.2013 passed by the appellant No.3, i.e. Deputy Director (Accounts), Office of the Director of Agriculture whereby, the pay of the petitioners as on 1.1.1986 was fixed at Rs.3,500/- and the date of increment was 1.1.1987. The writ petition filed by the petitioners came to be allowed with the aforesaid directions. Being aggrieved the appellants have filed the captioned Letters Patent Appeal.

3. Mr. Jayneel Parikh, learned Assistant Government Pleader appearing for the appellants submitted that the respondents, were working as Assistant Directors with the appellants and have retired in the years 1991 and 1992 respectively. The petitioners had raised an issue of stepping up in their pay scale, initially, before the State Authority and thereafter, by filing Special Civil Application No.7982 of 2009 before this Hon'ble Court. This Hon'ble Court, vide order dated 1.9.2009, had disposed of the writ petition directing the appellants (hereinafter referred to as 'the respondents') to consider the case of the petitioners for stepping up in line with that of Shri G.N. Trivedi, who was junior and has been granted the benefit of stepping up. It is submitted that this Hon’ble Court directed the respondents to grant similar treatment of stepping up to the petitioners within a period of four weeks.

3.1 It is next submitted that in conformity with the directions contained in the order dated 1.9.2009, the State Government in its Agriculture & Cooperation Department, vide order dated 24.2.2011 took a decision to extend the benefit, at par with the benefit extended to Shri G.N. Trivedi. By said order, the petitioners pay was fixed at Rs.3,500/- with effect from 1.1.1986 and the date of increment was fixed as 1.1.1987. It is further submitted that after the order dated 24.2.2011, the file was thereafter processed by the office of the Director of Agriculture, when a decision was taken by the Joint Director (Accounts) on 22.12.2011, whereby, the petitioners pay was fixed at Rs.780/- with effect from 1.4.1973 for DNI with effect from 1.4.1974. Thereafter, in the year 2013, a detailed consequential order dated 2.3.2013 came to be passed, communicating the petitioners the detailed break-up of their pay for the period from 1.4.1973 to 1.1.1991, that is, the date of retirement. It is further submitted that the said pay fixation was in conformity with the resolution dated 1.6.1987 issued by the Finance Department and more particularly, Rule 7 read with notes 6 and 8.

3.2 It is further submitted that as is clear from the order dated 12.1.2001 passed by the Agriculture & Cooperation Department in the case of Shri G.N. Trivedi, who was junior to the petitioners, was granted deemed date of his junior officer Shri J.M. Gajjar. The pay of Shri G.N. Trivedi, Deputy Director (Agriculture) was fixed at Rs.3,500/- with effect from 1.1.1986 and the date of increment was 1.1.1987. Therefore, as directed by t