CWP 5090/01 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5090//2001 Ram Singh Kaviya Versus State & CE (Hqr) Irrigation Department Date of Order ::: 17/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Akbar Khan for Mr. Ashok Gaur, for petitioner Mr. Shivlal Meena, Dy.Govt Advocate, for respondents. Instant petition has been filed assailing order dt.02/12/2000 (Ann.1) whereby 2nd selection scale granted on completion of 18 years' service on 04/12/95, was withdrawn and it was further observed that it was not admissible to him. Petitioner was appointed as Patwari on 05/06/1971 and was promoted as Jiledar on adhoc basis on 04/11/88 and later on regularised on the recommendation of DPC as Jiledar on 06/07/92 and was granted 2nd selection scale on completion of 18 years' service vide order dt.04/12/95. But it appears that when matter was sent to Accounts department, objection was raised from the Office of Assistant Accounts Officer that since petitioner has passed Patwar examination in December, 1980, selection scale on completion of 18 years' service is admissible only after December, 1998 while he was CWP 5090/01 //2// promoted as Ziledar on 04/11/98; selection scale is not admissible to him; as such recovery was sought to be affected w.e.f. 25/01/92 vide order dt.02/12/2000. Only contention advanced by Counsel is that after grant of 2nd selection scale on completion of 18 years, benefits were accrued to him in December, 1995 but without affording an opportunity of hearing, adverse order impugned has been passed which is in violation of principles of natural justice and in this regard, it has been specifically stated by petitioner in para 17(c) of writ petition. Respondents have filed reply to writ petition and have tried to satisfy this Court that since an error was committed while computing period of 18 years' service and in fact since he has passed Patwar examination in December, 1980, 2nd selection scale accrued to him in December, 1998 and prior to it, was not legally admissible to him. However, there is no reply as to whether petitioner was called upon before passing the order impugned for recovery of benefits granted of 2nd selection scale way back on 04/12/95, which has certainly caused adverse effect to his civil rights. This Court has considered contention CWP 5090/01 //3// of both the parties and with their assistance examined material on record. This Court finds that order (Ann.1) has certainly caused prejudice to the petitioner adversely affecting his civil rights and indisputably, before passing the order impugned of recovery, no opportunity of hearing was afforded to him and such an action on the part of the respondents is certainly in violation of principles of natural justice. Consequently, writ petition is hereby allowed alongwith stay petition. Order (Ann.1) dt.02/12/2000 is set aside. However, respondents will be free to pass fresh order after due compliance of principles of natural justice in accordance with law. (Ajay Rastogi), J. K.Khatri/p.3/5090CWP01slscl.doc