1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER (1) S.B.CIVIL WRIT PETITION NO.6822/ 2003 SANJEEV KUMAR MATHUR VERSUS NATIONAL SEEDS CORPORATION LTD. & ANR. (2) S.B. CIVIL WRIT PETITION NO.6890/ 2003 GIRISH CHANDRA BATRA VERSUS NATIONAL SEEDS CORPORATION LTD (3) S.B.CIVIL WRIT PETITION NO.6891/ 2003 MOHD ILIYAS VERSUS NATIONAL SEEDS CORPORATION LTD (4) S.B. CIVIL WRIT PETITION NO. 6892/ 2003 KRISHAN KUMAR MITTAL VERSUS NATIONAL SEEDS CORPORATION LTD (5) S.B. CIVIL WRIT PETITION NO. 6893/ 2003 O P SONI VERSUS NATIONAL SEEDS CORPORATION LTD (6) S.B. CIVIL WRIT PETITI ON NO.6935/ 2003 RAJENDRA KUMAR GARG VERSUS NATIONAL SEEDS CORPORATION LTD (7) S.B. CIVIL WRIT PETI TION NO.6936/ 2003 LALIT MOHAN VERSUS NATIONAL SEEDS CORPORATION LTD (8) S.B. CIVIL WRIT PETITION NO.6939/ 2003 VED PRAKASH YADAV VERSUS NATIONAL SEEDS CORPORATION LTD (9) S.B. CIVIL WRIT PETITION NO.7000/ 2003 SARMAN LAL VERSUS NATIONAL SEEDS CORPORATION LTD (10) S.B. CIVIL WRIT PETI TION NO.7001/ 2003 B K SAXENA VERSUS NATIONAL SEEDS CORPORATION 2 (11) S.B. CIVIL WRIT PETI TION NO.7002/ 2003 JAGDISH PRASAD SHARMA VERSUS NATIONAL SEEDS CORPORATION (12) S.B. CIVIL WRIT PETI TION NO.7004/ 2003 SMT.USHA SURI VERSUS NATIONAL SEEDS CORPORATION (13) S.B. CIVIL WRIT PETI TION NO.7082/ 2003 MOHAN SINGH VERSUS NATIONAL SEEDS CORPORATION (14) S.B. CIVIL WRIT PETI TION NO.7105/ 2003 P.C.VERMA VERSUS NATIONAL SEEDS CORPORATION (15) S.B. CIVIL WRIT PETI TION NO.7137/ 2003 K.K.SHARMA VERSUS NATIONAL SEEDS CORPORATION DATE OF ORDER --- August 07, 2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Ravi Chirania,for the petitioner Mr.Manoj Kumar Sharma with Mr.Kapil M.Chandra, for the respondents BY THE COURT (1) With the consent of counsel for the parties, arguments have been heard finally and the aforesaid writ petitions are being decided by this common order. (2) In all these writ petitions, common facts are involved. For deciding the controversy,the facts of SBCWP No.6822/ 2003 Sanjeev Kumar Mathur V. N.S.C. and others are being taken. (3) The petitioner Sanjeev Kumar Mathur has prayed for 3 quashing and setting aside the orders dated 20.10.2003 and 8.11.2002 (Office Order No.165). This Court passed the following stay order on 11.11.2003 whereby the recovery was stayed: “Issue notice of the stay application. In the meanwhile, further recovery in the present matter is stayed.” Subsequently, the petitioner was promoted to the post of Assistant Accounts Officer and was granted benefit of recommendations of the 6th Pay Commission. (4) Now, the petitioner has filed second stay petition wherein he has submitted that the respondents want to illegally revert him and further, illegally want to recover the benefits granted by the 6th Pay Commission. (5) Counsel for the petitioners submit that the petitioners were not heard prior to the passing of the order of withdrawal of the increment on the post of Assistant Grade-I and they also apprehend that this time also, they will not be heard at the time of passing of the order of reversion from the post of Assistant Accounts Officer to Assistant Grade-I on withdrawal of the 6th Pay Commission. (6) Counsel for the respondents submit that the writ petitioners have no case and the writ petitions may be dismissed. (7) I have gone through record of the writ petitions and further considered submission of counsel for the parties. (8) In my view, before taking any adverse action against 4 the petitioner, a show cause notice is required to be given to them and opportunity of hearing ought to be given to them. (9) In the result, the writ petitions are disposed of in the manner that the respondents are directed to issue show cause notice to the respective petitioners and hear them before passing any adverse order. The respondents are further directed to pass speaking order on the aforesaid issue. (Prem Shanker Asopa)J.