1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1547/1995 Lal Chand Mehra & Ors. Vs. State & Ors. Date of order : 22/1/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tanveer Ahmed for the petitioner. Shri Hemant Gupta, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner challenging the order dated 10.1.1995, whereby the respondents reduced the pay scale of the petitioner from Rs.950- 1680 to Rs.910-1520. Learned counsel for the petitioner has argued that the respondents when they advertised the post of Electrician, indicated the scale of that post as Rs.950- 20-1150-25-1400-30-1640-40-1680 and when he was selected, the very same pay scale was indicated and his salary was fixed at the basic pay of Rs.950/- vide order dated 11.11.1992. Subsequently, the petitioner’s salary was revised to the corresponding pay scale of the scale Rs.950-1680. The petitioner received his annual increments 2 for three years of service in that very scale, but the respondents suddenly by order dated 10.1.1995 reduced his pay scale to only Rs.910-1520 with retrospective effect from the date of his initial appointment which was made on 11.11.1992. As a result of this, the pay scale of the petitioner would now stand reduced to Rs.950/- as in 1994, which otherwise was very much higher. Learned counsel argued that the aforesaid order was passed pursuant to the instruction of the Additional Director (Administration), Medical Health Service dated 2.12.1994 whereas the very same Additional Director had appointed the petitioner vide order dated 11.11.1992 in the pay scale of Rs.950- 1680. Prior to the passing of the order dated 10.1.1995, no opportunity of hearing was given to the petitioner. Learned counsel for the petitioner argued that such an arbitrary order would result in reduction of the rank of the petitioner from Electrician to Wireman, therefore, the respondents ought to have at least provided him the opportunity of hearing. The respondents in reply to the writ 3 petition have opposed the writ petition and submitted that the appointment of the petitioner was made on the post of Electrician. At that time, he was inadvertently granted the pay scale of Rs.950-1680 whereas the post of Electrician in the Medical Department did not carry such pay scale. When this was clarified by Additional Director, Medical and Health Services, Jaipur the matter was got examined and it was revealed that petitioner has erroneously been granted the scale of Rs.950-1680, which was rectified. It was argued that there was no necessity for providing opportunity of hearing or notice because action of the respondents was merely intended to rectify a mistake. Learned counsel for the petitioner has rejoined and submitted that the pay scale of the post of Electrician is Rs.950-1680 and that of Wireman is Rs.910-1520. It is argued that had the petitioner been granted the opportunity of hearing, he would have explained that position to the respondents with the help of Rule. There are two grades of Wireman and Electrician. The petitioner 4 has obtained the ITI diploma in the trade of Electrician. For admission to ITI diploma course, the minimum qualification is secondary pass, whereas for admission to diploma in Wireman, it is only middle pass. The diploma of Electrician was of two years, whereas such diploma of Wireman is of one year, therefore, the two cannot be equated. It was argued that the impugned order be quashed and set aside. I find substance in what is being argued by the petitioner. In view of the above, the writ petition is allowed. The impugned order dated 10.1.1995 is quashed and set aside with consequential benefits. It would be however open to the respondents to pass fresh order after providing opportunity of hearing to the petitioner in accordance with law. (MOHAMMAD RAFIQ), J. RS/