CWP(T) No. 9081 of 2008 29.3.2011 Present:- Mr. Lokender Thakur, counsel for the petitioner. Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana, Asstt. A.G. for the respondents. The learned counsel for the petitioner has submitted that in substance the petitioner has filed the petition against the threatened reduction of pay scale of petitioner from ` 1640-2925 to ` 1500-2640 on the ground that he is not possessing TGT qualification. It has been submitted by the learned counsel for the petitioner that the petitioner was engaged as Shastri teacher and entered the service as far as back in the year 1981 and he was given the pay scale of ` 1640-2925 vide office order dated 31.5.1989 Annexure A/1. The respondents intends to reduce the pay scale of petitioner from ` 1640-2925 to ` 1500-2640 on the basis of letter dated 17.12.1991 according to which Shastri Teachers who are not B.Ed. will not be entitled to the pay scale of ` 1640-2925. It has been submitted by the learned counsel for the petitioner that the present case is covered by the judgment dated 8.3.2011 I of Division Bench in CWP No. 9083 of 2008 which is reproduced as follows:- “The writ petition is filed with the following prayers: (i) That the respondents may be directed to take into consideration the period of service of the applicant from 1.5.1985 to 31.5.1989 for the purposes of fixation of pay, grant of other service benefits available under the service rules and to refix his pay from the date of his regularisation in service as a Shastri Teacher and to pay him the arrears of salary resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (ii) That the respondents may be further directed to grant to the applicant prop increments as well as the senior - 2 - scale of pay from the date of his having completed 8 years and 16 years of service as a Shastri Teacher and to release the arrears resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (iii) That the respondents may be further restrained from lowering the pay scale of the applicant from Rs.1640- 2925 to Rs. 1500-2649 or from making any recoveries on the basis thereof as the condition of possessing TGT qualification could not and should not be imposed upon in service Shastri Teachers like the applicant. 2. It is seen that the very same issue has been considered by the learned Single Judge of this Court in CWP No. 4833 of 2008. In the said judgment, it has been made clear that any change in the pay scale will be effective only after issuing notice and affording an opportunity for hearing to the petitioner. Therefore, the writ petition is disposed of making it clear that in case any such steps for reduction of pay scale are taken, the petitioner shall be put to notice and afforded an opportunity for hearing and thereafter a speaking order shall be passed.” 2. In the present case also in substance, the petitioner is aggrieved against the threatened act of the respondents whereby his pay scale from ` 1640-2925 is being reduced to ` 1500-2640 without following due process of law. It has been submitted that no notice for reducing the pay scale from ` 1640-2925 to ` 1500-2640 revised from time to time has been given to the petitioner. The present case is covered by DB judgment dated 8.3.2011 reproduced above. Hence, the petition is disposed of making it clear that in case any step for reduction of pay scale of petitioner is taken, the petitioner shall be put to notice and afforded an opportunity for hearing and thereafter a speaking order shall be passed. March 29, 2011 ( Kuldip Singh ) (GR) Judge