JUDGMENT :

(1.) Heard learned advocate Mr.K.B.Pujara for the petitioner and learned Assistant Government Pleader Mr.K.M.Antani for the respondent No.1.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :

"(a) to quash and set aside the impugned order dated 16-3-2016 passed by the respondent no.1, served to the petitioner on 21-3-2016, as per Annexure-E;

(b) PENDING the hearing and final disposal of this petition, be pleased to stay the operation of the impugned order dated 16-3-2016 passed by the respondent no.1, served to the petitioner on 21-3- 2016, as per Annexure -E;

(c) to grant any other appropriate and just relief/s including the costs of this petition;"

(3.) The brief facts of the case are as under :

3.1. The petitioner was born on 25th January, 1962. He passed B.Com and M.Com with second class. The petitioner was appointed as an Assistant Lecturer in the respondent No.3- Polytechnic - A.V.Parek Technical Institute, Rajkot on 5th September, 1983.

3.2. By Government Resolution dated 9th November, 1981, the State Government decided to up-grade the post of Assistant Lecturers of the Polytechnics in the pay-scale of Lecturers if they are possessing the educational qualifications and experience as provided in the Rules of Recruitment for Lecturers, Gujarat Education Service, Class-II (Collegiate Branch).

3.3. Accordingly, the petitioner was up-graded in the pay-scale of Lecturer, Gujarat Education Service, Class-II vide order of the State Government dated 26th May, 2009 with effect from 5th September, 1992.

3.4. Thereafter, by order passed by the respondent No.2-Commissioner of Technical Education on 17th April, 2013, the petitioner was granted senior pay-scale of Rs.10000-325-15000 with effect from 5th September, 2000 and Selection Grade of Rs.12000-420-18300 with effect from 5th September, 2005. Under the 6th Pay Commission, the petitioner was placed in the corresponding Pay- Band of Rs.37400-67000 with Grade Pay of Rs.9,000/-.

3.5. The respondent No.1-State of Gujarat passed the impugned order dated 16th March, 2016 which was served upon the petitioner on 21st March, 2016 whereby, the order of up-gradation dated 26th May, 2009 is ordered to be cancelled and the petitioner is ordered to be reverted back to the earlier post of Assistant Lecturer.

3.6. The petitioner being aggrieved by the impugned order dated 16th March, 2016 has preferred this petition.

(4.) Learned advocate Mr.K.B.Pujara for the petitioner submitted that the impugned order is passed by violating the principles of natural justice as no opportunity of hearing was provided to the petitioner though the impugned order has serious civil consequences for the petitioner as the petitioner was to be down-graded to the lower post of Assistant Lecturer and his salary would be substantially reduced.

4.2. In support of his submission, learned advocate Mr.Pujara relied upon the decision of the Apex Court in case of State of Orissa versus Dr.(Miss) Binapani Dei and Others, to submit that even administrative orders which involve civil consequences have to be passed consistently with the rules of natural justice after giving an opportunity of being heard.

4.3. It was submitted that the impugned order also suffers from non-application of mind and gross arbitrariness in asmuch as the impugned order does not state as to why and how the petitioner is not satisfying the qualification of Lecturer, Class-II. Reliance was placed on the Government Resolution dated 9th November, 1981 which provides for up-gradation and placement of Assistant Lecturer of Polytechnics in the pay-scale of Lecturers if they are possessing the education qualification and experience as provided in the Rules of Recruitment for Lecturer, Gujarat Education Service, Class-II (Collegiate Branch).

4.4. It was submitted that the reference made in 1 AIR 1967 Supreme Court 1269 the impugned order with regard to the Government Resolution dated 07