IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON’BLE MR. JUSTICE G.CHANDRAIAH WRIT PETITION NO. 7193 OF 2006 Dated : June 07, 2007 Between: J.Gnana Sundary Petitioner AND The Government of Andhra Pradesh, Rep. By its Secretary, Public Health & Municipal Administration Department, Secretariat, Hyderabad and others Respondents THE HON’BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON’BLE MR. JUSTICE G.CHANDRAIAH WRIT PETITION NO. 7193 OF 2006 ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus declaring the order dated 11.08.2004 in OA No. 1507 of 2000 passed by the A.P. Administrative Tribunal, Hyderabad, re-fixing the pay of the petitioner, as illegal and arbitrary and to consequently direct the respondents to continue the pay of the petitioner in the scale before passing of the impugned order, the petitioner filed this writ petition. The O.A. was filed assailing the order dated 28.09.1999 whereby fixation of pay of the petitioner made under FR-22B was found to be in excess and was accordingly regulated. The petitioner worked as Work Inspector under work charged establishment. Subsequently, the petitioner was transferred to Ministerial Category and in terms of the Memo dated 7.11.1991 and pay of the petitoner was fixed under FR 22-B. While so, the second respondent issued the impugned Memo dated 29.9.1999, on the basis of audit objection dated 5.2.1997, to the effect that the Ministerial staff are only entitled to pay protection and directed to re-fix the pay and recover excess amount paid, if any. The fact that the petitoner has put in ten years of service prior to her appointment by transfer as Typist, is not in dispute and the pay of the petitoner was fixed on such joining at Rs.1140/- in the time scale of 860-1470. However, in view of the Audit Objection, her pay was reduced to Rs.1090/- with effect from 21.11.1989 in the time scale of 910-1625. The learned counsel for the petitioner contends that the impugned order has been passed re-fixing the pay of the petitioner after a period of ten years. It is further contended that though there is a clause in the fixation proceedings that the excess amount paid, if any, on fixation, is liable to be recovered from the individuals, yet it is the bounden duty of the respondents to issue notice to the petitioner, more particularly in view of the fact that her pay is reduced after rendering ten years of service. Evidently, the basis for the re-fixation of the pay of the petitioner is the audit objection. As can be seen from the impugned proceedings, as on the date of joining as Typist, her pay was fixed at Rs.1140/- in the scale of 860-1470, but in compliance of the audit objection, her pay was reduced to Rs.1090/- in the scale of 910-1625 with effect from 21.11.1989, virtually after a decade and that too without affording her an opportunity to put forth her case. This action of the respondents, is not only unilateral but violative of principles of natural justice. Apart from that the sole basis for issuance of the impugned order is the audit objection. It has to be observed that such an objection, after a decade and even without issuance of notice to the petitioner, cannot be allowed to stand. Consequently, we set aside the finding of the Tribunal to the extent of rejecting the claim of the petitioner for re-fixation of the pay scales. The impugned order is accordingly set aside to the extent of petitioner alone. The learned Government Pleader submitted that since the other findings of the Tribunal with regard to the recovery of the excess amount paid has not been questioned by the petitoner and they have become final. It is needless to say that the Tribunal itself has ordered that the respondents cannot recover the amount paid in excess for the past period. With these observations, the writ petition is allowed. No order as to costs. It is made clear that this order, which is passed in the particularly circumstances, shall not operate as a precedent in any other case. ____________________ T.MEENA KUMARI, J. __________________ G.CHANDRAIAH, J. June 07, 2007 MAS