HSGHCOURTOF CHHATTISGARH : BiLASPUR DjVSSJONJLENCH CORASV!: HON'BLE SHRS H.L DATTU, CJ & HON'BLE SHRI V.K. SHRIVASTAVA, J. WRIT APPEAL N0. 57 OF 2007 APPEU-ANTS 4. RESPONDENTS 1) StateofM.P(NowCG)through Secretan/, Aadhivasi Vikas Vailabh Bhawan, Bhopal (MP) Now State of CG through Secretary, Trlbal Weifare Department, D.K.S. Bha^van, Mantraiaya, Raipur, Cg. 2) Collector, Adhim Jati Kalyan Branch, District Raigarh, CG. 3) Assistant Commissioner, Adhivasi Vikas Tribai; Raigarh, CG 4) Commissioner, Aadhivasi Vikas (MP) Bhopal, (MP) Now Raipur, CG. VERSUS 1) Manmohan Patet, s/o, Shri Nand Ram Patet, Pre Metric, Adlwasi Baiak, Chatrawas, Dist. Raigarh, CG. 2) Mehttar Das, s/o. Shri Sikhdeo Mahanta, r/o. village Qurda, Tehsi! Kharsiya, Dist Raigarh, CG.- 3) Changrulai Ajay, s/o. Shri Tuia Ram, r/o. Vitlage Gumrdee, Post Khotri, Tehsil Sarangarh, Dist. Raigarh, CG. 4) Dhanenshwar Ratrey, s/o. Shri Nankiram Ratrey, villagte Businbehra; Post Khotri; Tehsil Sarangarh, District Raigarh, CG. 5) Smt. Belmatri Mehar, v^/o. Shri Manohar Mehar, r/o. Village Jhamogaon, Tehsil & Dist. Raigarh, CG. 6) Shankar Singh, S./o. Shri Duriyodhan Singh, R/o. viliate Rampura, Post Samkeda, Raigarh, CG. r'" A 7) Nankl Babu Sidar, -s/o. Shri Nanhar Sidar, r/o. Am!i Bhona, PO Taprada via Kodatarai, Raigarh, CG. 8) RajendraKumar Chauhan, s/o. Shri Laxman Prasad, r/o. viil- Jevridth, Post Bade Bhandar, Rajgarh, CG. 9) Ganesh Ram Mehar, s/o. Makardehwaj, Vill- Chitapaii, Post Bhojiya (Chha!) Tehsil Dharamjayagarh, Raigarh, CG. 10) Adhar Ram Sidar, Vii!- Bagdega, Post Tiur (Jhardih) Tehsil Kharsia, Raigarh, CG. 1.1) Mahesh Kumar Sav, s/o. Shri Sashidhar Sav, Viil Bade Hardi, Post Pussore, Raigarh, CG. 12) Smt./ Rahmatunnisa, v<//o. Shri Jaffar Hussain, Nawagadi, Madhuvanpura, Raigarh, CG. PRESENT: Shri V.V.S. Murthy, Dy. Advocate Generai for appeiiants/State. ORAL ORDER (Passed on 23ra IViarch 2007) The fotlov^lng orai order of the Court was passed by H.L. Dattu,CJ. This appeai arises out of an order passed by the tearned Singie Judge in W.P.No.1792/2005 dated 11-7-2006. By the impugned order, the learned Singie Judge has ailowed the writ petjtion and has set aside the orders passed by the respondents (appeiiants herein) dated 4-10-1997., 2) The factuai matrix of the case is as under : The respondents herein were the petitioners before the iearned Single Judge. They were appointed on various posts by the appellants. They were aiso pald a particular pay scale. Being of the view that the pay scaie so fixed tothe respondents is irregutar and liiegai, the appeiiants by issuing notice dat^j 4-10-1997 have -3- nu <•. wlthdrawn the pay scaie that was granted to the respondents. Aggneved by that action of the appeilants, the responderts were before this Court in VV.P.No. 1792/2005. 3) Learned Single Juc?ge applying the prinoiples of naturai justice has aliowed the writ petitlon and that is how the appellants are before us in thss writ appeai. 4) Admitted facts are, that the respondents herein were appointed by the appellants. Their pay scaie had been flxed. According to the pay scale so fixed, the respondents were being paid the satary for number of years. By virtue of this, they have got vested right and that vested right can be taken away by the appellants by following the procedure prescribed and aiso appiying the principles of naturai justice. 5) in the instant case, an order is passed by the appeilants on 4- 10-1997 withdrawing the pay scale fixed to the respondents and this has been done without Issuing show cause notice to the respondents. This, in our oplnion, is in violation of the principies of natural justlce, and therefore, iearned Single Judge was justified in aiiovying the writ petition and setting aside the order dated 4-10-1997 passed by the appeliants. In view of the above, vv?e do not flnd any lacuna or any error in the order passed by the learned Single Judge. According!y, the writ appeal is rejected without reference^to the respondents. Ordered accordingiy. Sd/- Chief Justice Sd/- V.K.Shrivastava Judge