H¥€H CG T 9F CHHATHSGARH AT EALASPUR W. P, {5) No, 1&99 0f 2005 Shcbhnath Sahu, Sen cf Santosh Ram Sahu, by caste Tali, aged about 39 years. working as watennan (Jaiwahak) in Government Baiak Ashram Kharsia, Residant 9f Vi!!age Bendojharia, Past- Robertson, Tahsil Kharsia. District— Raigarh (MR) Bharatla! Sac. Son cf Peela Dau Sac, working as P$on at Giris Pcorva Madhyamik Shaia Pakhnakot, Past Supka!i (Patthalgaon) Development Biock Dharamjaigarh, Disirici Raigar'n (MP), Re5kient of village Gorra, Tahsi! & D§strict-Raigarh (MP). Baburam Dansena, Son of Biharilal Dansena. by caste Kakar {backward}, working as Rasoiya ai Kanya Ashram Supkali (Pathhaigaon). Deveiepment Block Dharamjaigarh, District-Raigarh (MP), Resident of Post Kumarta, Tahsi! Dharamjaigarh. Dismct-Raigarh {MP}, Pakhnakot, Post Bhupnandan Prasad Dansena, son of Udeymm Dansena. by caste—Kamr (backward), working as Chowkidar at Gavemment Kenya Asmam Pakhnakot, Supka§ Pest (Pathhalgaon), Biock-Dharamjaigar'h, District-Reigarh, Resident of viuage Naomngpur, Posf Gurda, Tahsii Kharsia, Dietrict-Raigam (MP), Gceri Shankar Mahi£ane sen Hari Prasad Mahilane. by caste Satnami, workéng as Chewkidar in Gevemment Batak Ashram Kharsia, Biock Bharsia, Distrist—Raigam (MP), Resident 0f TeEket. Block Kharsia. Distfict-Ra§garh (MP). Shiv Gownd’ Yadav, son of Sunder Ram Yadav, aged abeut 27 yeare. working as Chowkiéar at Government Anusuéhit, J§t§ Ghhatiavas Khersia‘ Dismct- \e‘agarh;§Ré5§dent of Wage Mahka, Post—Ghagra, Tahsi} Khareia, DisEict-Reégarh {MP}. Parashuram Pandey, son rofqtMeniiai Fandey, Aged about 25 years, Li‘y caste- Maii, werkmg as Raeeiya in {303$ Metric Anusuchit Jati Eaiak Chhatravas Kmmank 5. New Market Raigam. Resident of Petra Paii 'District-Raigarh (MP). Pettttoners I)( @7 Ch D-T‘hattam Ram Yadav agud abeut .55 years #:on of Shn Parmeshwar Ram Yaday. by Caste MahkuL working as Rasoiya at Baiak Chhairavas. Gavemment Higher $econdary School Bagicha, Resident 0f Bamhani, Post Patra Toli, Tahsil Kunkuri, District- Jashpur. Chandrika Prasad Sahu, son of Khageshwar Prasad 5am, by cast Teti, aged about 40 yeam wsrking as Peon, at Giris Higher Secondary Schooi Chhal. Tahsi! Charamjaigam. Dismct~ Raigarh (MP), Resident of Posf Ghhapcra, Tahsu Dabra, Distrist Champa Janjgir, Anand Ram Kosie. wcrking as Peon at Gevemment Kanya Higher Secondary Schoot Chhai, District-Raigarh (MP). 11. Karma Prasad Rathor, Son of Rameshwar Praaad Rathor, by caste Rathor, aged about 3O years, working as Chowkidar, Anusuchit Jati Chhatfavas Kharsia. Dietrict-Raigarh (MP). Resident of Kharsia. District- Raigam (MP). 12. Udaybhan Singh, $lo Bharat Singh, Werking as Pecm, Govemment Balak. Chha‘tmvas Tami! Versus Respondents 1. $ta€e ef Mad ya Pradeen (now (Enha‘ttisgarn) lhrough‘ $ecretary Tribal Werfere Degartrnent. Bhopa’! (MP). The Cellector, Triba! Weifare Department, Rargarh, District-Rargarh (MP) 3. The Assistant Commissioner. Tribe! Derebpment. Raigarh. Distnct-Raigarh (MP). 3 4. Bieck Education Officer {Tribal}, Biock Kharsra 5. Bleck Education Offcer (Tribal) Black Dh ramsalgar‘ix D atrict-Rmgarh (MP) Bakfuan, Dharamjaigarh, BistrictRaigarh (MP). l\) APP lCATlON UNDER SECTION 1° OF ADMNISTRATW: TRIBUNeLS ACT 1985 SB: Hen’bie shn Satish K. Agmhetri. J. ‘zhn Pupegh ch'ivasiavq, Advocate for t e petitioners wn Ajay D med: Panel Lawyer fo. the respcndents ”3/ oRAL ORDER (Passed an this 3'“ day of January, 2&08) ;_ . By this petitionjhe petitioners have chailenged the validity of the orders dated 20.10.1997 (Annexure N1) and 12.1 1 ,1997{Annexure N2) which have been passed ir. conscnance with the dated 4.1 0.1997 33a33$d by the CclEector, Raiwrh, whereunder the grant of regu1ar pay scales ta the petitioners were w§thdrawn and the petitioners were paid thereafter dairy wages as per CeHector‘e rate. The indisputab1e facts irr nutsheR are that énirialiy the petitioners were engaged on datty wages and subsequen 1y they were granted regutar pay scale, Learned counse! appearing for the petitioners weuid contend that once a right of a particular pay acaie has been granted ta the petitienera in accordance with iaw, the same cannet he withdrawn, without affording an opportunity of hearing The petitioners have acquired the right to the fixed monthiy pay acaie as their services were reguiarized. Thus. the impugned orders are bad and aesenre to be ru quaehcu. "an nA Learned counsel for the petitioners heaviiy relied on a judgment and order dated '18”! January, 2608 passed by this Court in Writ Petition No. 2125r2002 (Sant Kumar & others Vs. State of Chhattisgarh & others), wherein this Court while considering the identical issue of reducing the regular pay scaie granted earlier, held that the order reducing the pay scale of an employee behind his back, without fciowing any procedure known to law, is punitive and visits with cidiiosonsequence: The same cannot be passed without giving concerned empioyee, an opportunity of hearing, Learned counsel tor te petitioners further submits that the respondents/State of Chhattisgarh preferred a Special Leave Petition Civii) No. 171 22’2096 (state of Chhattisgarh & others Vs. Sant Kumar «t «:19 & othe'.s,‘ before the H3n’ble Supreme Caurt, challenging the arder dated 18.1.2006 (supra), pasSed by this Court and the same has been dismissed by the Hon'b!e Supreme Court vide order dated 9.10.2006 after cehdoning the delay. . Learned oounsei appearing for the parties iointhr submit that this case is equerery covered by the judgment and erder dared 18.1 .2006 paesed by this Court in Sant Kumar & others (supra) and the order dated 19‘“ Aprii. 200? passed in W.P.(S) No. 2410 bf 2007 (Jeet Ram & ethers Vs. State sf Chhattisgahr & ethers}. Thus, the tmpugned orders are bad tn law being punitive iri nature and passed witheut afferding an cpportunity pf hearing to the cencemed employees (petitioners) fer putting femard their cases. . Accordingiy the impdgned orders dated 20.10.1997 and 12.11.1997 are quashed. The petitioners are entitied to reguiar pay scales from the date, the same have been withdrawn by the impugned order. to order aeto costs. Thakur Sd/— Satish K. Agnihotri Judge w~ sew