CW 3182/99 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3182/99 Hari Ram Choudhary Versus State & Anr. DATE OF ORDER : 19/03/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjay Pareek, for petitioner Mr. Sanjay Srivastava, Dy.G.A., for State *** Instant petition has been filed by petitioner assailing order dated 4th June, 1999 [Ann.8] whereby selection scale of Rs.2000-3200, which was granted to him on acceptance of his representation vide order Ann.5 dated 24th December, 1996, has been withdrawn and simultaneously order has been passed for making recovery from his salary. Petitioner initially joined service as Enforcement Inspector on 31st March, 1972 and thereafter, he was appointed on ad hoc basis as Enforcement Officer on 23rd July, 1973 and was also confirmed on the said post on 13th August, 1981. Petitioner was granted benefits of selection scale on completion of 18 years of service in pay scale of Rs.1640-2900. At this stage, he made a representation in which it was apprised by him that one person, who is junior to him in the cadre of Enforcement Officer Shri Raja Ram, has been fixed on completion of 18 years of service in second selection scale of Rs.2000-3200 and he too is entitled for the same scale. His representation was accepted by respondents and vide order Ann.5 dated 24th December, 1996 he too was fixed in the scale of Rs.2000-3200 and benefits whereof were also granted to him. It appears that at a later stage, some objection CW 3182/99 [2] might have raised and on that account vide order dated 4th June, 1999 benefits of selection scale of Rs.2000-3200 granted to him, was cancelled and it was further ordered to make recovery from him. Counsel for petitioner submits that benefits of selection scale in the scale of Rs.2000-3200 was accepted by government on his representation vide order dated 24th December, 1996 [Ann.5]. But, without affording opportunity of hearing and complying principles of natural justice, the respondents have cancelled the said order which certainly affects his civil right and such action of the respondents is violative of Article 14 of the Constitution of India. Respondents have filed reply and they have tried to satisfy this court that there is an error committed in accepting his representation and granting him higher scale of Rs.2000-3200 and two persons who were recruited by different method i.e. promotion/direct recruit cannot be compared, but there is no averment made by respondents as to whether petitioner has at all been heard before passing order impugned. This court is of the opinion that certainly the order impugned which has been passed by respondents affects right of petitioner which has been conferred upon him on accepting his representation vide order dated 24th December, 1996 and the same could not have been cancelled by the respondents without complying principles of natural justice which is a cardinal principle of administrative law. CW 3182/99 [3] Consequently, the writ petition stands allowed. The order dated 4th June, 1999 [Ann.8] is hereby quashed and set aside. However, the respondents will be free to pass a fresh order in accordance with law after due complying the principles of natural justice. No order as to costs. [AJAY RASTOGI], J. FRBOHRA3182CW1999 19-3.doc